McKay v Gunther
Tenant wins · Windsor · 2025-09-05
- Adjudicator
- Carrie Bertrand
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- A.G.
- Tenant
- W.M.
- Landlord rep
- Lyn Perillo
What happened
The Tenant filed an application (T5) alleging that the Landlord served an N12 notice for personal use in bad faith. The Landlord claimed her mother intended to move into the unit. However, only six days after the LTB issued an eviction order based on the N12, the Landlord entered into an agreement to sell the property. The Landlord did not attend the hearing, and her representative failed to provide sufficient evidence to rebut the presumption of bad faith.
The ruling
The Landlord is ordered to pay the Tenant $12,153.00 for serving an N12 notice in bad faith. This includes $3,600.00 for the rent differential between the old unit and the Tenant's new bachelor apartment, $1,500.00 for moving and storage expenses, $7,000.00 in general compensation for the significant disruption to the Tenant and his son's life, and $53.00 for the filing fee.