Soloway v Macdougall
Tenant wins · Thunder Bay · 2024-12-06
- Adjudicator
- Kyle McGraw
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- >$20K
- Landlord
- J.M.
- Tenant
- B.S., J.C.
- Tenant rep
- Mitchell Kent
What happened
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with an N12 notice claiming they required the rental unit for their own use, and the Tenants vacated as a result. However, the evidence showed the Landlord advertised and showed the rental unit while the Tenants were still residing there, indicating the Landlord did not move into the unit.
The ruling
The Landlord served the Tenants with an N12 notice claiming they required the rental unit for their own use, and the Tenants vacated as a result. However, the evidence showed the Landlord advertised and showed the rental unit while the Tenants were still residing there, indicating the Landlord did not move into the unit. The Landlord failed to attend the hearing and rebut the presumption of bad faith. As a result, the Landlord must pay the Tenants $21,348 for increased rent, moving expenses, and general compensation, as well as a $35,000 administrative fine to the LTB.