Thompson v Ashurst

Tenant wins · Cornwall · 2025-06-17

Adjudicator

Melissa Anjema

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

L.T.

Tenant

D.A.

Tenant rep

Amber Miller

What happened

The Landlord applied for an order to terminate the tenancy for the residential occupation of his son, who has developmental disabilities. The Landlord and his family sought to occupy multiple units in the same building to live in close proximity and support their children's independence. The Tenant contested the eviction, citing her age, long-term residency, and fixed income, as well as the availability of other vacant units in the building.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant for personal use was denied. Although the Landlord demonstrated a good faith intention for his son to occupy the unit, the Board exercised its discretion under Section 83(1)(a) of the Act. Given the Tenant's age, long tenure, financial vulnerability, and the recent availability of another vacant unit in the building that the Landlord's son could occupy, the Board found that evicting the Tenant would be unfair and cause undue hardship.