LaLonde v Miller
Tenant wins · Barrie · 2025-09-09
- Adjudicator
- Jeremy Henderson
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $5-10K
- Landlord
- S.M.
- Tenant
- K.L., V.L., B.T.
What happened
The Tenants filed a T5 application alleging the Landlord served an N12 notice in bad faith. The Landlord claimed his son intended to move into the unit to attend college in Barrie, but the son later changed his plans and moved to Sarnia. The Landlord discovered this change in mid-August 2024 but did not inform the Tenants, who moved out on August 28, 2024. The Landlord subsequently listed the unit for sale in early 2025 and kept it vacant for a year under the mistaken belief that doing so was required.
The ruling
The Landlord is ordered to pay the Tenants $5,478.00 by September 20, 2025. This includes $5,430.00 for the rent differential between their old and new units for one year (adjusted for compensation already received) and the $48.00 filing fee. The Board found that although the Landlord did not act with malice, his failure to inform the Tenants of his son's change in plans before they moved out constituted bad faith under the Act.