McIsaac v Cole
Tenant wins · Waterford · 2025-05-29
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Bad Faith Eviction, Illegal Money Collection
- Notice
- Personal use (N12)
- Amount
- >$20K
- Landlord
- D.N.C.
- Tenant
- J.M.
- Landlord rep
- Francisco Gomez
- Tenant rep
- Jackie Struthers
What happened
The Landlord requested a review of a previous order that found him guilty of a bad faith eviction. The original order was based on the Landlord's verbal and informal written notice to the Tenant to vacate for a purchaser, which the Board treated as equivalent to a formal N12 notice. The Landlord's review was based on three grounds: the absence of a formal N12 notice, insufficient reasons for awarding the Tenant's moving costs, and failure to set-off alleged rent arrears. The Board denied the review request on all grounds, confirming the original order and the $29,898.63 award to the Tenant.
The ruling
The Landlord's request to review a prior order is denied. The original order (LTB-T-072178-22), which found the Landlord acted in bad faith and ordered him to pay the Tenant $29,898.63, is confirmed and remains in effect. The interim stay on the original order is lifted immediately.