Daley v Blackwood

Landlord wins · Etobicoke · 2025-05-05

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

D.D.

Tenant

M.B.

Landlord rep

Arasheep Grewal

What happened

The Landlord, who purchased the property from her mother and brother, applied to evict the Tenant (her uncle) for her own personal use. The Tenant has lived there for 25 years and challenged the good faith of the purchase and the eviction, claiming an equitable interest in the property. The Board found the Landlord acted in good faith and granted the eviction but delayed the date due to the long tenancy.

The ruling

The Board found the Landlord's application for personal use was made in good faith. The tenancy is terminated effective June 30, 2025. The Tenant is ordered to pay the Landlord $4,931.25 for use and occupation from February 1, 2025, to April 16, 2025, plus daily compensation of $65.75 from April 17, 2025, until he vacates. The eviction date was delayed to June 30, 2025, as a form of relief under section 83, considering the long duration of the tenancy.