Branco v Assis

Split/Other wins · Toronto · 2025-06-03

Adjudicator

Dale Whitmore

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.B.

Tenant

D.A., E.M.

Tenant rep

Melissa Keogh

What happened

The Landlord applied to evict the Tenants for personal use (N12), claiming she required the unit due to cancer, reduced mobility, and the financial burden of her current house. The Tenants contested the application, suggesting it was a bad-faith attempt to re-rent the unit at a higher market rate and highlighted the significant hardship an eviction would cause. The Board found the Landlord's intention to be genuine but granted a six-month delay on the eviction due to the compelling circumstances of the Tenants.

The ruling

The tenancy is terminated effective December 31, 2025. The Board found the Landlord's application for personal use was in good faith, based on her medical needs. However, due to the compelling hardship the Tenants would face, including the loss of their community-based jobs, the eviction is postponed for six months to give them time to find suitable alternative accommodation and employment.