Poole v Thompson

Landlord wins · Newmarket · 2025-10-03

Adjudicator

Sean Ramage

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

G.T., Y.M.G.

Tenant

J.P., S.W.

What happened

Tenants applied for an order determining that Landlords gave an N12 notice for personal use in bad faith. Tenants argued that Landlord 1 did not move into the unit after they vacated on June 30, 2023. They presented video evidence from multiple visits showing the unit with minimal furniture and renovation supplies. Landlord 1 testified that he moved in following a separation from his wife, but travels extensively and lives minimally, spending most of his time on the second floor.

The ruling

The Tenants' application for bad faith eviction was dismissed. The Board accepted the Landlord's testimony and documentary evidence that he resided in the unit as his primary residence, despite the Tenants' observations of the unit appearing vacant due to the Landlord's frequent travel and minimal lifestyle.