Tournay v Walker

Landlord wins · Burlington · 2026-01-12

Adjudicator

Vicky Liu

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

E.W., J.W.

Tenant

B.T., D.G., C.G.

Landlord rep

Lorrie McCullough

Tenant rep

Sara Murtadha

What happened

Tenants applied for an order determining that the Landlords gave an N12 notice of termination in bad faith. The Tenants argued the Landlords continued to reside at their Hamilton property after the Tenants vacated. The Landlords countered that significant renovations and health issues delayed their full-time move-in until September 2023, approximately six months after the unit was vacated.

The ruling

The Tenants' application for bad faith eviction (T5) was dismissed. The Board found that although the Landlords did not move in immediately, they did occupy the unit within a reasonable time (six months) after completing necessary renovations. The Landlords provided credible evidence regarding the delay, including contractor quotes and health documentation.