Brookes v Miklaucic
Landlord wins · Toronto · 2025-06-09
- Adjudicator
- Colin Elsby
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Landlord
- A.M., N.M.P.C.
- Tenant
- T.B., N.G.
- Landlord rep
- Natasha Miklaucic
- Tenant rep
- Moezzam Alvi
What happened
Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The central issue was whether the Tenants remained tenants at the time the notice was served or within the year preceding the application filing. The Tenants had physically vacated the unit in April 2022, claiming they had sublet it, while the Landlords argued it was a permanent move-out. The Board determined the arrangement was an unauthorized assignment, meaning the original tenancy terminated by law in 2022.
The ruling
The Tenants' application for a bad faith notice determination was dismissed. The Board found that the Tenants had effectively terminated their tenancy on April 30, 2022, through an unauthorized assignment. Because the T5 application was filed more than one year after they ceased to be tenants, the Board lacked the legal jurisdiction to consider the merits of the bad faith claim.