McDowell v Kassianos

Tenant wins · Toronto · 2021-10-13

Adjudicator

Anna Solomon

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

D.K.

Tenant

F.M., C.B.

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with an N12 Notice to terminate the tenancy so the Landlord's spouse could live in the unit. The Tenants vacated the unit, but the Landlord's spouse did not move in and instead a new tenant moved in paying higher rent.

The ruling

The Tenants have proven that the Landlord served the N12 Notice in bad faith, as the Landlord's spouse did not move into the unit after the Tenants vacated and instead a new tenant moved in paying higher rent. The Landlord must pay the Tenants $1,088.50 for their moving expenses and an administrative fine of $1,500.