Alipour v Afshin

Tenant wins · North York · 2025-04-30

Adjudicator

Dale Whitmore

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

K.A.

Tenant

F.A., J.D.

Landlord rep

Anome Mehrabian

Tenant rep

Neha Jain

What happened

The Landlord applied to terminate the tenancy for personal use (N12). This was the Landlord's third attempt to evict the Tenant for the same reason. Two previous applications (2019 and 2021) were dismissed. The Landlord argued that material changes in her life, including an engagement and a new job requiring home office space, should allow her to re-litigate the issue. The Tenant argued that the matter was already decided (issue estoppel).

The ruling

The Landlord's application to terminate the tenancy for own use is dismissed. The Board found the application was barred by issue estoppel because the Landlord was attempting to re-litigate her intention to move into the unit, which had already been decided against her in a 2019 LTB decision. The Board ruled that changing personal circumstances do not permit a landlord to try a failed case for a third time.