LTB Order LTB-T-052867-22

O. under Section 57 Residential Tenancies Act, 2006 Citation: M. v G., 2023 ONLTB 65292 2023 ONLTB 65292 (CanLII) Date: 2023-10-05 File Number: LTB-T-052867-22 In the matter of: 763 Lansdowne Avenue Toronto Ontario M6H3Z1 Between: K. M. T. A. L. G. L. K. M. (the 'T.') A. F. an O. D. T. L. G. (the 'L.') gave a notice of termination in bad faith. This application was heard by videoconference on September 18, 2023. Only the T. attended the hearing. As of 9:46 a.m., the L. was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the T.'s evidence. Determinations: 1. As explained below, the T. proved the allegations contained in the application on a balance of probabilities. Therefore, the L. must pay the T. $8,753.36. Background Facts 2. The Tenancy commenced on October 1, 2015. The T. shared the premises with three other occupants A. paid a monthly rent of $594.00. 3. The T. testified T. on February 23, 2021, the L. served her with an N12 notice of termination with a termination date of April 30, 2021 claiming the L. intended to move into the rental unit A. occupy it F. at least one year. 4. The T. testified T. the L. informed her T. she needed the unit as she left her husband, was staying with her daughter, A. needed the rental unit F. herself. 5. After receiving the N12 notice, the T. testified the tenants notified the L. in March 2021 their intention to vacate the premises on May 1, 2021. O. Page 1 of 4  File Number: LTB-T-052867-22 6. Prior to receiving the N12 notice, the T. had lived in the unit F. six years A. had no intention of moving out. 7. The T. vacated the unit on April 2, 2021, a month before the other occupants vacated May 1, 2021. 2023 ONLTB 65292 (CanLII) 8. The T. testified T. the L. continued to pursue an L2 application based on the N12 notice despite the L. reclaiming possession of the unit. The application was withdrawn at a hearing in July 2021. 9. In the fall of 2021, the T. testified T. she drove passed the rental property A. decided to look up the property. The T. submitted into evidence listings she found online. The property was listed F. sale on May 17, 2021 A. sold on June 23, 2021. Analysis 10. Subsection 57(1)(a) of the Residential Tenancies Act, 2006 (the ‘Act') requires the T. to prove each of the following on a balance of probabilities:  The L. gave the T. an N12 notice of termination under section 48 of the Act;  The T. vacated the rental unit as a result of the N12 notice of termination;  No person referred to in subsection 48(1) of the Act occupied the rental unit within a reasonable time after the T. vacated; A.  The L. served the N12 notice of termination in bad faith. 11. The L. served the T. with an N12 notice of termination under s. 48 of the Act. The T. moved out because she received this notice. 12. The T.’s uncontested evidence establishes T. the property was listed F. sale on May 17, 2021 A. sold on June 23, 2021, a mere two months after the T. moved out. 13. Pursuant to section 57(5) of the Act, there is a presumption of bad faith in this case since the rental unit was advertised F. sale within a year of the T. moving out. 14. The L. did not attend the hearing to provide any evidence to rebut the presumption of bad faith. 15. Given T. the rental unit was sold a mere two months after the T. moved out, I find, on a balance of probabilities, T. the L. did not move into the rental unit in a reasonable time pursuant to the N12 notice after the T. vacated. 16. Therefore, I find the L. served the notice of termination in bad faith. The T. has established all of the factors set out in paragraph 10 above. Remedies O. Page 2 of 4  File Number: LTB-T-052867-22 17. The T. testified A. submitted into evidence a signed lease F. April 1, 2021 F. a new rental unit with a monthly rent of $1,350.00, which is $756.00 higher than the rent she was paying at the rental unit. 18. The T. testified T. she paid considerably more due to the change in the rental 2023 ONLTB 65292 (CanLII) market after 6 years. While she did share the unit with other occupants, the T. submitted T. the space she currently occupies is comparable to her previous unit A. when she searched F. rental properties, the difference with a roommate would have been only $100.00 to $200.00 less. Considering the T. opted to live alone, the L. will be ordered to pay the T.’s rent differential of $656.00 a month F. 12 months, F. a total of $7,872.00. 19. The T. claimed $95.00 in moving expenses. The T. submitted into evidence a Uhaul receipt in the amount of $41.86. While the T. did not provide receipts F. the cost of mileage A. gas used in transit, I find the balance of $53.14 to be reasonable F. the cost of mileage A. gas. The L. will be ordered to compensate the T. $95.00. 20. The T. claimed general compensation of $233.36 F. the cost of a street parking permit at her current unit. The T. submitted T. the rental unit included parking A. her current rental unit does not. I find T. the T. incurred this expense as a result of the bad faith notice A. the L. will be ordered to compensate the T. F. this cost. 21. The T. also sought general compensation of $900.00 F. the cost of six months of therapy stemming from undue hardship, stress, A. emotional damages as a result of the L. serving her the N12 notice A. $500.00 F. time A. effort spent researching T. rights, speaking to advocates A. legal aid, A. preparing evidence. 22. The T. was not able to provide receipts F. her therapy costs but testified T. she went to therapy more often after the N12 notice was served. The T. submitted T. the N12 notice A. her having to vacate her home during the pandemic cost her a lot of money A. emotional stress. The T. is a freelance photographer A. at the time the N12 was served, she was not able to work due to restrictions. As of the hearing day, she continues to pay more than double what she paid F. rent at the rental unit. I find T. general compensation of $500.00 is appropriate in the circumstances. 23. As the T. is successful with the application, the L. will be ordered to pay the costs of filing the application in the amount of $53.00 It is ordered T.: 1. The total amount the L. shall pay the T. is $8,753.36. This amount represents:  $7,872.00 F. increased rent the T. has incurred F. the one-year period from April 1, 2021 to March 31, 2022. O. Page 3 of 4  File Number: LTB-T-052867-22  $95.00 F. the reasonable moving, storage A. other like expenses T. the T. has incurred as a result of having to move out of the rental unit.  $733.36 F. general compensation. 2023 ONLTB 65292 (CanLII)  $53.00 F. the cost of filing the application. 2. The L. shall pay the T. the full amount owing by October 16, 2023. 3. If the L. does not pay the T. the full amount owing by October 16, 2023, the L. will owe interest. This will be simple interest calculated from October 17, 2023 at 7.00% annually on the balance outstanding. 4. The T. has the right, at any time, to collect the full amount owing or any balance outstanding under this O.. October 5, 2023 Date Issued Vicky Liu Member, L. A. T. Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page 4 of 4