Borsi v Watts

Tenant wins · St. Catharines · 2025-10-03

Adjudicator

Jeremy Henderson

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

M.B.

Tenant

R.W.

What happened

The Landlord applied for an order to terminate the tenancy for personal use, claiming her adult son intended to move into the basement unit for at least one year. The Landlord testified that her son was eager to move in due to a difficult living situation elsewhere. However, the son did not attend the hearing to provide testimony regarding his intentions. Additionally, a written declaration submitted by the son was found to be legally deficient as it was not sworn and lacked required language confirming the truth of the statement and acknowledging the consequences of a false declaration.

The ruling

The Landlord's application to evict the Tenant for personal use was dismissed because the Landlord failed to prove her son's good-faith intention to occupy the unit. The son's absence from the hearing and the submission of a non-compliant written declaration led the Board to conclude that the merits of the application were not established. The tenancy continues.