Featherstone v Coughlan

Tenant wins · Wasaga Beach · 2025-05-01

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

D.F.

Tenant

J.C.

Landlord rep

Patty Young

What happened

The Landlord applied for an order to evict the Tenant for personal use, stating his daughter required the rental unit for residential occupation. The Tenant contested the application, arguing the Landlord's true intention was to sell the property and that the daughter, a tour guide, would only use the unit intermittently, not for full-time residence. The Board sided with the Tenant, finding the Landlord did not act in good faith and failed to prove the intended use met the criteria for 'residential occupation'.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The Board found the Landlord did not act in good faith and failed to prove his daughter would reside in the unit for at least one year as a full-time resident. The Tenant is ordered to repay the Landlord $1,250.00, which was the one month's rent compensation provided with the N12 notice.