Subramani v Aubin

Split/Other wins · Oshawa · 2025-07-22

Adjudicator

Karen Gonçalves

Dispute

Renovation, Major Repairs

Notice

Renovation, Major Repairs (N13)

Landlord

S.S.

Tenant

T.K.A.

Landlord rep

Elaine Page

Tenant rep

James Dondo

What happened

The Landlord applied for eviction to demolish the rental unit to create a legal duplex. The Tenant argued that the proposed work was a renovation rather than a demolition. Following legal precedents, the Board determined the work was a renovation because the unit would still exist, albeit in a modified form. The parties agreed to amend the application to reflect a renovation, which preserves the Tenant's right of first refusal. The Landlord proved the work requires vacant possession and has obtained necessary permits.

The ruling

The tenancy is terminated effective August 31, 2025. The Landlord's application was amended from demolition to renovation. The Tenant is granted an extension to move out until August 31, 2025, to allow time to find temporary housing and exercise the right of first refusal. If the Tenant does not vacate, a daily compensation of $68.31 applies.