Staltari v Flagler

Tenant wins · Toronto · 2025-07-22

Adjudicator

Candace Aboussafy

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

E.S.

Tenant

S.F., M.L.

Landlord rep

Maria Sturino

Tenant rep

Samuel Mason

What happened

The Landlord sought a review of a previous LTB order that had denied an application for eviction based on personal use. The Landlord claimed the original Member made errors in law regarding the assessment of 'good faith' and errors of fact regarding the property's layout. The Landlord intended to occupy the basement unit and combine multiple units in the building. The Tenants contested the application, providing detailed evidence about the house layout which contradicted the Landlord's vague plans.

The ruling

The Landlord's request for review was denied, and the original order (LTB-L-055583-24) remains in effect. The Board concluded that the original Member did not err in finding a lack of good faith, as the Landlord's testimony was vague and their plan to occupy/combine units was found to be implausible compared to the detailed testimony provided by the Tenants. The stay of the original order is lifted.