Elkins v Van Wissen

Tenant wins · Brampton · 2024-11-15

Adjudicator

Ruth Carey

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

G.H.V.W., M.V.W., J.V.W., P.S.C., Ontario Corp 2636474 a.k.a. Embleton Homes Inc., S.S.K., S.S., M.S.

Tenant

M.E., J.F.

Landlord rep

Chahal

What happened

Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Tenants had lived in the rental unit for almost 6 years when they received an N12 notice from the Vendor Landlords stating that the 'purchaser' intended to move in. The Tenants vacated the unit, but the person identified in the N12 never moved in. The Purchaser Landlords took title to the property in the name of their corporation instead of moving in themselves.

The ruling

The Board found that the Purchaser Landlords acted in bad faith in requiring the Vendor Landlords to serve the N12 notice on the Tenants, and that the Vendor Landlords failed to exercise due diligence in confirming the Purchaser Landlords' intentions before serving the notice. As a result, the Board ordered the Landlords to pay the Tenants $8,995.65 in rent differential, moving expenses, and other costs.