Dabhoya v Ezuma

Tenant wins · Waterloo · 2025-07-23

Adjudicator

Elena Jacob

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

E.N.E.

Tenant

V.B.D.

Tenant rep

Thiru Sivapatham

What happened

Tenant filed a T5 application alleging the Landlord served an N12 notice of termination for personal use in bad faith. The Tenant vacated the rental unit on March 1, 2022, and the unit was sold just four days later on March 5, 2022. The Landlord admitted during the hearing that he never intended to occupy the unit and always intended to sell it, erroneously believing he could use an N12 for the purpose of selling. The Tenant, whose wife was six months pregnant at the time of eviction, suffered significant housing instability and loss of amenities following the move.

The ruling

The Landlord is ordered to pay the Tenant $8,901.00 by August 3, 2025. This includes $8,853.00 in general compensation for a bad faith eviction and $48.00 for the application fee. The adjudicator found that the Landlord's use of an N12 notice to facilitate the sale of the property, rather than for personal occupation, constituted bad faith under the Act.