Smith Rubino v Froment

Landlord wins · Orleans · 2022-01-04

Adjudicator

Bryan Delorenzi

Dispute

Bad faith eviction

Notice

Personal use (N12)

Landlord

M.F.

Tenant

A.S.R.

Landlord rep

Nathan Serratore

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant a Notice of Termination (N12) claiming the Landlord required possession of the rental unit for the purposes of residential occupation. The Tenant claims the Landlord did not occupy the rental unit after the tenancy terminated, and that the N12 was served in bad faith.

The ruling

The application is dismissed. The Tenant has not satisfied, on a balance of probabilities, all elements of the test for bad faith set out in section 57(1)(b) of the Act.