McCarthy v Durante
Split/Other wins · Guelph · 2025-05-29
- Adjudicator
- Nicole Pedron
- Dispute
- Bad Faith Eviction
- Notice
- Bad faith eviction (T5)
- Landlord
- S.D., A.D.
- Tenant
- S.M.
- Landlord rep
- Kelly Hawkes
- Tenant rep
- Scott Hedden
What happened
The Tenant filed an application alleging the Landlords issued a notice of termination in bad faith. At the hearing, the Tenant requested to withdraw the application. The Landlords' representative argued the application was vexatious and requested legal costs. The Board Member denied the Landlords' request for costs, finding insufficient evidence to prove the Tenant's application was frivolous or made in bad faith, and dismissed the application as withdrawn.
The ruling
The Tenant's application, alleging a bad faith eviction by the Landlords, was dismissed as withdrawn at the Tenant's request. The Landlords' subsequent request for legal costs, on the grounds that the application was vexatious, was denied. The Board found insufficient evidence to support a finding of unreasonable conduct by the Tenant.