Robinson v Gustin
Tenant wins · Sarnia · 2025-08-19
- Adjudicator
- Robert Brown
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- F.G.
- Tenant
- D.R.
- Landlord rep
- Gail Gustin
- Tenant rep
- Amy Nazarewich
What happened
The Tenant filed a T5 application alleging the Landlord served an N12 notice for personal use (Landlord's child) in bad faith. The Tenant vacated the unit, but the Landlord's son never moved in. Instead, the unit was listed for sale and sold within a month of the Tenant vacating. The Landlord claimed the unit was in such poor condition that they were forced to sell, but the Board found the Landlord was aware of the unit's condition long before serving the notice and concluded the notice was a non-confrontational means to terminate the tenancy.
The ruling
The Board found the Landlord acted in bad faith by serving an N12 notice and subsequently selling the property instead of having a family member move in. The Landlord is ordered to pay the Tenant a total of $11,006.12, comprising $6,523.00 for rent differential, $2,935.12 for moving and storage, $1,500.00 for temporary motel lodging, and the $48.00 filing fee.