Jatta v Song

Tenant wins · North York · 2025-09-24

Adjudicator

Dawn Carr

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

W.W.

Tenant

F.J., S.J.

Landlord rep

Henry Song

Tenant rep

Jacqueline Evans

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination (N12) in bad faith. The Landlord issued the notice claiming her daughter would move in. However, the Landlord's daughter learned she could not graduate on time and deferred her studies, yet the Landlord failed to inform the Tenants before they vacated. Instead, the Landlord advertised the unit for a significantly higher rent within a month of the Tenants moving out.

The ruling

The Landlord is ordered to pay the Tenants a total of $10,569.17 by October 5, 2025. This includes $3,921.17 for moving and storage expenses, $6,600.00 in general compensation for the bad faith eviction, and the $48.00 filing fee. The bad faith was established because the Landlord failed to notify the Tenants that the intended occupant (the Landlord's daughter) was no longer moving in, despite knowing this before the Tenants moved out, and then re-listed the unit for a much higher rent.