Mulligan v Heath

Landlord wins · Aurora · 2025-10-21

Adjudicator

Kate Sinipostolova

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

B.H.

Tenant

D.M.

Tenant rep

Larissa Kushwara

What happened

The Tenant filed an application alleging that the Landlord served an N12 notice of termination in bad faith. While the Landlord's mother occupied the unit for only four months before the Landlord re-advertised it for rent, the Landlord argued that a change in family circumstances, specifically a court order in his sister's divorce proceedings regarding his nephew's schooling, necessitated his mother moving out earlier than intended to provide support in another city.

The ruling

The Tenant's application for bad faith eviction was dismissed. The Board found that while the Landlord's mother did not occupy the unit for the required one-year period, the Landlord acted in good faith at the time the notice was served. The early departure of the family member was due to unforeseen changes in family dynamics resulting from divorce proceedings.