Oldham v Hooyenga

Tenant wins · Norval · 2025-06-27

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

G.B.O.

Tenant

J.H., M.K.

Landlord rep

Jason Todoroff

Tenant rep

Sarah Teal

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants for personal use, claiming the unit was required for residential occupation by the Landlord's child. The Tenants contested the application on the grounds that the Landlord is a corporation (1047221 Ontario Inc.), which is legally barred from serving an N12 notice under the Residential Tenancies Act. The Tenants provided evidence from a parcel register and the lease agreement confirming corporate ownership. The Landlord's representative attempted to withdraw the application at the start of the hearing, but the Board proceeded to dismiss the application based on the statutory prohibition against corporate personal-use evictions.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed because the owner of the property is a corporation, and the Residential Tenancies Act prohibits corporations from reclaiming units for personal use. A request by the Tenants for costs against the Landlord's legal representative was denied as the conduct was not deemed unreasonable.