Gimbert v 1277773 Ontario Ltd

Landlord wins · Richmond Hill · 2025-10-08

Adjudicator

Kyle Anderson

Dispute

Bad Faith Eviction, Damage to Property, Utilities

Notice

Personal use (N12)

Amount

<$5K

Landlord

1277773 Ontario Ltd

Tenant

B.S.G., M.B.

Landlord rep

Sassan Emam, Saeid Sarrafian

What happened

The Former Tenants applied for an order determining the Landlord served an N12 notice in bad faith. The Landlord cross-applied for utility costs and damages after the tenants vacated. The Landlord successfully rebutted the presumption of bad faith by explaining that a change in circumstances (mortgage issues and a basement tenant's refusal to move) prevented the Landlord's representative from occupying the unit as planned. The claim for damages was dismissed due to insufficient evidence and normal wear and tear in an older property, while the claim for utilities was granted based on the lease agreement.

The ruling

The Tenant's application for bad faith eviction was dismissed as the Landlord proved a change in circumstances prevented them from moving in. The Landlord's application for damages was dismissed for lack of proof. The Former Tenants are ordered to pay the Landlord $496.91 for unpaid utilities and the application filing fee by October 19, 2025.