Vrljes v Parti

Tenant wins · Toronto · 2025-05-26

Adjudicator

Candace Aboussafy

Dispute

Bad Faith Eviction, Personal Use

Notice

Personal use (N12)

Landlord

L.V., S.V.

Tenant

K.P.

What happened

The Landlords filed a request to review an LTB order that dismissed their application for personal use (N12). The Landlords alleged several serious errors, including a 20-month delay in hearing the matter which they claimed was unreasonable. Landlord 1 further alleged the presiding Member was biased because he speaks English with an accent. The reviewer examined the record and hearing audio, determining that the delay did not influence the finding of fact regarding 'good faith' and that there was no evidence of bias. The original dismissal was based on the Landlords' history of attempting rent increases above guidelines and inconsistencies between the testimony of Landlord 1 and his son regarding rent payments.

The ruling

The request to review the order issued on March 27, 2025, is denied. The original order, which dismissed the Landlords' application to terminate the tenancy for personal use, is confirmed and remains unchanged. The reviewer found no evidence of bias or serious error that would justify interfering with the original Member's assessment of credibility and evidence.