Crumb v Arshad Butt

Landlord wins · Toronto · 2025-09-05

Adjudicator

Kate Sinipostolova

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

M.A.B.

Tenant

R.C.

Landlord rep

Baljinder Srann

What happened

The Tenant filed a T5 application alleging the Landlord served an N12 notice for personal use in bad faith. Although the Landlord sold the property within a year of the Tenant vacating (triggering a legal presumption of bad faith), the Landlord argued that a medical emergency involving her daughter in Pakistan forced her to change her plans and sell the property instead of moving in.

The ruling

The Tenant's application for a determination of bad faith eviction was dismissed. The Landlord successfully demonstrated that while she sold the property shortly after the Tenant vacated, her original intent was to move into the unit. A sudden and severe medical diagnosis of her younger daughter in Pakistan constituted a legitimate change in circumstances that prevented her from relocating to Canada as planned.