Corscadden v Brar

Tenant wins · Waterloo · 2024-06-07

Adjudicator

Kyle Anderson

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

P.B.

Tenant

S.C.C.

Landlord rep

Amenpreet Brar

What happened

Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord served an N12 Notice of Termination stating that the Landlord in good faith, required possession of the rental unit for their child, for the purpose of residential occupation for a period of at least one year. However, the rental unit was listed for rent and sale during the period after the Tenant vacated, and the unit was eventually sold by the Landlord.

The ruling

The Tenant proved the Landlord gave the N12 notice in bad faith. The Landlord must pay the Tenant $8,415.55 for abatement of rent, rent differential, moving expenses, and costs.