Martin v Cummings

Tenant wins · Oakville · 2025-10-14

Adjudicator

Sean Ramage

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

J.M.

Tenant

M.C.

Landlord rep

David Strashin

What happened

The Landlord applied to terminate the tenancy so that his mother could occupy the rental unit. The Tenant challenged the application on the basis that the Landlord failed to file an affidavit from the person actually moving in, as required by law. The Landlord had only filed his own declaration and did not have his mother testify at the hearing.

The ruling

The Landlord's application for eviction for personal use was dismissed. The Landlord failed to comply with the mandatory requirement of Section 72 of the Residential Tenancies Act, which requires an affidavit from the person who intends to move into the unit (in this case, the Landlord's mother). The Landlord's failure to produce his mother as a witness and his reliance on inadmissible hearsay evidence resulted in a failure to prove the application in good faith.