Leyva v Vacca

Landlord wins · Niagara Falls · 2025-11-20

Adjudicator

Amanda Kovats

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

A.V.

Tenant

R.L.

What happened

The Tenant applied for a determination that the Landlord served an N12 notice of termination in bad faith. Following a rehearing that dismissed the Tenant's application, the Tenant requested a review of that decision. The Tenant argued the original order lacked clear findings on essential statutory elements, misapplied the standard of proof by accepting hypothetical possibilities, failed to address inconsistent testimony from the Landlord, and provided insufficient reasons.

The ruling

The request for review filed by the Tenant is denied. The previous order LTB-T-059579-23-RV, which dismissed the Tenant's claim of a bad faith eviction, is confirmed and remains unchanged. The adjudicator found no serious error in the previous member's decision to dismiss the application based on insufficient evidence provided by the Tenant.