Merrow v Gerrie

Tenant wins · Toronto · 2023-10-05

Adjudicator

Vicky Liu

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

L.G.

Tenant

K.M.

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice claiming the Landlord intended to move into the rental unit, but the property was listed for sale and sold shortly after the Tenant vacated.

The ruling

The Landlord must pay the Tenant $8,753.36, which includes the rent differential for 12 months, moving expenses, general compensation, and the cost of filing the application. The Landlord failed to rebut the presumption of bad faith in serving the N12 notice.