Mills v Milman

Landlord wins · North York · 2025-07-01

Adjudicator

Kyle McGraw

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

K.M., S.M.

Tenant

L.M., N.C.

Landlord rep

David Ciobotaru

Tenant rep

George Berger

What happened

The Tenants applied for an order determining that the Landlords gave a notice of termination for personal use (N12) in bad faith. Tenant 1 claimed the Landlords never moved into the unit and instead operated it as an 'AirBNB' or motel for construction workers. The Landlords countered with evidence of their occupancy, including updated driver's licenses and photographs, explaining that the people observed were employees of their home-based construction business.

The ruling

The Tenants' application was dismissed. The Landlord and Tenant Board found that the Tenants failed to prove that the Landlords issued the N12 notice in bad faith. The Landlords provided sufficient evidence, including updated government identification and photographic proof, to demonstrate that they occupied the rental unit as intended for a period of approximately two years.