Magdy v Wong

Tenant wins · Toronto · 2022-04-06

Adjudicator

Amber Neumann

Dispute

Bad faith eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

W.S.Y.W.

Tenant

J.M.

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with a notice of termination under section 48 of the Residential Tenancies Act, 2006, stating that the unit was required for the Landlord's own use. The Tenant vacated the unit as a result of the notice, but the Landlord did not move into the unit and instead listed it for sale within a year of the Tenant vacating.

The ruling

The Tenant's application was granted. The Landlord is ordered to pay the Tenant $6,240, which represents the difference in rent between the old and new units for a one-year period after the Tenant vacated. If the Landlord does not pay the full amount by April 15, 2022, the Landlord will owe interest on the outstanding balance.