Kotskulych v Karapici

Landlord wins · North York · 2024-03-22

Adjudicator

Alicia Johnson

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

V.K.

Tenant

I.K.

Landlord rep

Anisa Karapici

What happened

Tenant filed an application alleging that the Landlord served an N12 notice of termination in bad faith, as the Landlord had a place to live and owned multiple rental units, yet proceeded to serve the N12 notice and move into the rental unit.

The ruling

The Tenant's application alleging bad faith eviction is dismissed. The Landlord served an N12 notice for own occupation, but the tenancy was ultimately terminated on consent based on an N7 notice, not the N12 notice. The Tenant did not prove the Landlord acted in bad faith.