Cannon v Moniz

Tenant wins · Toronto · 2025-09-23

Adjudicator

Colette Myers

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

F.M.

Tenant

J.S.C.

Landlord rep

Siobhan Rocks

What happened

The Tenant applied for a determination that the Landlord issued an N12 notice of termination in bad faith. The Tenant claimed the Landlord did not intend for a family member to occupy the unit for at least one year. Evidence suggested the unit remained mostly vacant, and the Landlord's husband only updated his driver's address and exhibited signs of occupancy after the Tenant filed the bad faith application.

The ruling

The Board found that the Landlord issued the N12 notice in bad faith as the intended occupants did not reside in the unit on a full-time residential basis for the required period. The Landlord is ordered to pay the Tenant $13,012.00, which includes $12,964.00 in general compensation for rent differentials and emotional distress, plus the $48.00 filing fee.