Byrne v 1358772 Ontario Inc.
Tenant wins · Bayfield · 2025-12-15
- Adjudicator
- Kate Sinipostolova
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $5-10K
- Landlord
- 1358772 Ontario Inc., M.D.
- Tenant
- K.B.
- Landlord rep
- Terri Louch
- Tenant rep
- Lisa Downs
What happened
The Tenant filed an application alleging that the Landlord served an N12 notice of termination in bad faith. The Tenant argued that the Landlord, a numbered corporation, was legally prohibited from serving such a notice for personal use. Additionally, the Tenant claimed the Landlord did not move into the unit within a reasonable time after the Tenant vacated. The Landlord contended that the delay was due to renovations and that a personal friend stayed in the unit for free during the vacancy, not a new tenant.
The ruling
The Landlord was found to have acted in bad faith by serving an N12 notice when prohibited by law as a corporation and failing to occupy the unit within a reasonable timeframe. The Landlord is ordered to pay the Tenant $5,146.40 by December 31, 2025, covering moving expenses, general compensation for the impact of the eviction, and the application filing fee.