Amita v Abugamga

Landlord wins · Nepean · 2025-05-13

Adjudicator

Harry Cho

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.A., A.G.

Tenant

S.A.

What happened

The Tenant requested a review of an order terminating the tenancy for the Landlord's personal use. The Tenant alleged a serious error and a reasonable apprehension of bias because the original presiding Member restricted the Tenant's legal representative's cross-examination of the Landlord. The Review Member examined whether the previous Member's conduct during the hearing was appropriate and whether the finding of 'good faith' was supported by evidence.

The ruling

The request for review was denied, and the original order terminating the tenancy effective May 15, 2025, was confirmed. The Review Member found that the original adjudicator acted reasonably in limiting irrelevant cross-examination and that there was sufficient evidence to support the Landlord's good faith intention to occupy the rental unit.