Martinez v Brisson

Tenant wins · Hawkesbury · 2025-09-02

Adjudicator

Robert Patchett

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

Y.M., V.A.

Tenant

B.B.

Landlord rep

Marc Goldbrub

Tenant rep

Alexis Fafard (Duty Counsel)

What happened

Landlord 1 and Landlord 2 applied to terminate the tenancy for personal use, claiming Landlord 1's parent required the unit. However, it was revealed that the Landlords had filed a separate application for a different unit claiming the same parent would move into that unit as well. The Board found this to be an abuse of process involving false or misleading declarations.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The Board found the Landlord filed conflicting and false declarations regarding the intended occupant's move-in plans for two separate properties, characterizing the conduct as an abuse of process. The Landlord's request for the Tenant to repay the mandatory compensation was also denied.