Fakih v Nefediev

Tenant wins · North York · 2025-07-16

Adjudicator

Stephanie Ball

Dispute

Jurisdiction, Personal Use

Notice

Personal use (N12)

Landlord

R.F., F.R.F.

Tenant

V.N.

Landlord rep

Caryma Sa’d

Tenant rep

Maneetpal Khera

What happened

The Landlords applied for an order to terminate the tenancy and evict the Tenant for personal use. The Tenant contested the application, arguing that he is a co-owner of the property and that no tenancy agreement exists. The parties are involved in ongoing civil litigation in the Superior Court regarding the ownership of the property.

The ruling

The Landlords' application to terminate the tenancy and evict the Tenant for personal use is dismissed. The Board found that the Landlords failed to prove the existence of a tenancy agreement, as no rent was paid and the arrangement was tied to a complex family and business relationship currently under litigation in Superior Court.