St Pierre-Grills v Intrilectual Investments Inc.

Tenant wins · Hamilton · 2026-01-05

Adjudicator

Nersi Makki

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

Intrilectual Investments Inc. c/o Pocrnic Realty Advisors Inc.

Tenant

C.S.P.

Landlord rep

Steve Pocrnic, Marija Zupanic

What happened

The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice to repossess the unit for the use of its principal, claiming it would be used as a 'lifestyle choice' for occasional stays when working late. The Tenant vacated the unit following the notice but later discovered the unit was not being used as a primary residence. The Landlord argued the Tenant moved voluntarily due to business failure, but the Board found the move was a direct result of the N12 notice and that the intended 'occasional' use did not meet the legal standard of a primary residence required for an N12.

The ruling

The Board found the Landlord acted in bad faith by issuing an N12 notice for occasional use, which is legally insufficient. The Landlord is ordered to pay the Tenant a total of $12,048.00, comprising $6,500.00 for increased rent over 12 months, $500.00 for moving expenses, $5,000.00 in general compensation for inconvenience and affront to dignity, and the $48.00 application filing fee.