Elsawy v Hodgson

Landlord wins · Toronto · 2025-10-02

Adjudicator

Candace Aboussafy

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

K.H.

Tenant

N.E.

What happened

The Tenant applied for an order determining that the Landlord served an N12 notice in bad faith. The Landlord subsequently sold the property within a year of the Tenant vacating, triggering a rebuttable presumption of bad faith. A previous order in favor of the Tenant was reviewed because the initial member failed to consider the Landlord's testimony regarding a change in personal circumstances due to employment changes.

The ruling

The request to review the previous order was granted, and the previous order was cancelled. The Tenant's application for bad faith eviction (T5) was dismissed. The Board found that the Landlord acted in good faith when issuing the N12 notice and that the early sale of the property was justified by a change to remote work, which removed the original necessity for the unit.