Evictly

Jacyshyn v Veerasingam

Tenant wins · Bowmanville · 2025-10-29

Adjudicator
Elle Venhola
Dispute
Bad Faith Eviction, Personal Use
Notice
Personal use (N12)
Amount
>$20K
Landlord
L.V.
Tenant
D.J., K.B.
Landlord rep
Naguleswary Rajaratnam

What happened

The Tenants filed a T5 application alleging the Landlord served an N12 notice in bad faith. The Tenants had previously moved out following a mediated settlement in an L2 application. However, they discovered the Landlord never moved in and instead listed the property for a much higher rent shortly after the one-year statutory restriction ended. The Landlord requested a review of an order that awarded the Tenants substantial compensation, claiming jurisdictional errors regarding previously settled harassment issues.

The ruling

The Landlord's request for a review of the original order was denied. The original order, which found the Landlord had acted in bad faith and awarded the Tenants a total of $21,000.00 (comprising a $14,400.00 rent abatement and $6,600.00 for rent differential), remains in full force. The stay of the order is lifted immediately.