Kojima v Walkinshaw

Landlord wins · Napanee · 2025-06-05

Adjudicator

Dawn Carr

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

C.L.W.

Tenant

M.K., D.K.

What happened

The Tenants filed an application claiming the Landlord served an N12 notice for personal use in bad faith. The Tenants vacated on October 12, 2023. The Landlord listed the property for sale in August 2024, triggering the presumption of bad faith under s. 57(5). The Landlord argued the delay in moving in was due to significant cleaning and remediation required because of indoor smoking and mold. He listed the house to 'test the market' while remediation was ongoing. The Board found the Landlord's explanation credible and that he successfully rebutted the presumption of bad faith.

The ruling

The Tenants' application, alleging the Landlord issued an N12 notice in bad faith, is dismissed. The Board found that although the Landlord's actions (listing the unit for sale) triggered a presumption of bad faith, he successfully rebutted it. The delay in his personal occupation was deemed reasonable due to the extensive cleaning and remediation required for smoke odour and mold left by the Tenants. The Landlord provided credible evidence that he intended to and did eventually move into the unit.