Wojcik v. Pinpoint Properties Ltd.

Tenant wins · 2016-05-10

Adjudicator

Sachs J.

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

S.K., Z.Z.K.

Tenant

J.W.

Landlord rep

Wade Morris

Tenant rep

Roma S. Mungol

What happened

The Landlords appealed a Landlord and Tenant Board review order that required them to pay the Tenant $9,439.13 due to a 'bad faith decision' to issue a Notice to Vacate. The Landlords claimed they needed the unit for personal use, but after evicting the Tenant, they rented it to someone else for a higher rent.

The ruling

The Divisional Court dismissed the Landlords' appeal of the Landlord and Tenant Board's decision. The court found that the Board's determination of bad faith was based on factual findings and credibility assessments, which are not reviewable by the Divisional Court. The Landlords were ordered to pay $3,600 in costs to the Tenant within 30 days.