Robinson v MARMOSTEIN

Landlord wins · North York · 2025-08-08

Adjudicator

Dale Whitmore

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

J.M.

Tenant

S.R.R.

Landlord rep

Eric Steiman

What happened

Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. Tenant had moved out in July 2023 following an N12 notice for personal use. However, Tenant did not file the bad faith application until January 2025, which Landlord argued was beyond the statutory one-year limitation period.

The ruling

The Tenant's application for bad faith eviction was dismissed as it was filed more than one year after the Tenant vacated the rental unit, violating the limitation period set by section 57(2) of the Residential Tenancies Act, 2006. The Landlord's request for costs was also denied.