ESPOSITO v ADDIS

Tenant wins · Toronto · 2023-07-14

Adjudicator

Lynn Mitchell

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

G.A.

Tenant

J.E., S.E.

Landlord rep

C. Aylwin

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The matter was resolved by way of order TST-088700-19 issued on July 6, 2022, granting the Tenants' application. The Landlord requested a review of the Original Order, arguing that it failed to adequately address evidence about the Landlord's intentions at the time the N12 notice of termination was served and/or how any change in circumstances may have affected the Landlord's position about his alleged intentions.

The ruling

The Tenants' application is granted and the remedies set out in the Original Order shall stand, with modified dates. The Landlord is ordered to pay the Tenants $8,350, which includes the cost of filing the application, increased rent, and reasonable out-of-pocket expenses. If the Landlord does not pay the full amount by August 22, 2023, the Landlord will owe interest on the outstanding balance.