Murray v Lynch

Tenant wins · Thunder Bay · 2025-04-25

Adjudicator

Nancy Morris

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

J.L.M., A.M.

Tenant

H.J.L.

Tenant rep

A. McGillivray

What happened

Landlords filed an L2 application based on an N12 notice for personal use. An eviction order was issued. The Tenant requested a review, alleging they did not receive the notice of hearing. The review was granted. At the de novo hearing, the Tenant argued the application should be dismissed because the Landlords failed to file a required declaration for their parent and, more importantly, failed to disclose a previously issued N12 notice in their application, which is a requirement under subsection 71.1(3) of the RTA. The Board agreed, finding the failure to disclose the prior N12 rendered the application a nullity, and dismissed the application.

The ruling

The Tenant's request for review is granted. The original eviction order is cancelled. The Landlords' application for eviction for personal use is dismissed because they failed to disclose a previously issued N12 notice on their application, which makes the application a nullity. The Tenant is ordered to reimburse the Landlords for the one month's compensation they received.