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Case Study

LTB Case LTB-L-074117-22 Decision

Dismissal of Landlord's Application for Eviction

🕑 Case timeline

Application Date: November 4, 2020

Hearing Date: November 15, 2023

Order Issued: November 30, 2023

Termination Date: February 28, 2023

Eviction Deadline: February 28, 2023

ℹ️ Case overview

Case Number: LTB-L-074117-22
Address: 1, 1571 Bayview Avenue, Toronto ON M4G3B5
Form Used: N12
Served By: Advisor initially, later by Landlord directly
Amount Awarded: One month's compensation to be returned by Tenant
Decision In Favor: Tenant
Application Type: Eviction for Landlord's Own Use
RTA Sections: Section 48(5), Section 202

👥 Parties involved

Landlord: Jun Hui Zeng
Landlord Rep: Sean Gosnell, Jessica Karban
Tenant: Adrian Howarth
Tenant Rep: Allan Strader
Adjudicator: Trish Carson
Keywords: N12 notice, corporate ownership, good faith, landlord's own use, eviction, dismissal

⚖️ Decision summary

Landlord's eviction application dismissed due to procedural and good faith issues.
Tenant awarded return of one month's compensation, with interest if delayed.

⚠️ Dispute summary

Landlord sought to evict tenant for own use but was initially ineligible due to corporate ownership.
Landlord acquired partial ownership to meet legal requirements but was found not in good faith.

📑 Findings & determinations

Landlord's actions to transfer ownership and serve N12 notice were not in good faith.
Application dismissed, tenant remains in possession.

💡 Summary points

Landlord's application for eviction dismissed due to lack of good faith in serving N12 notice.
Tenant to return one month's compensation previously received.
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