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Case Study

LTB Order on Bad Faith Termination

Case LTB-T-048983-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: April 20, 2023

Order Issued: May 23, 2023

Termination Date: September 30, 2021

Eviction Deadline: September 30, 2021

ℹ️ Case overview

Case Number: LTB-T-048983-22
Address: 7, 169 Elm Ridge Drive, Kitchener Ontario N2N1L7
Form Used: N12
Served By: Landlord
Amount Awarded: $12,564.36 for increased rent; $1,161.95 for moving and storage costs
Decision In Favor: Tenant
Application Type: Eviction for bad faith termination
RTA Sections: Section 57(1) - Former tenant’s application where notice given in bad faith, Section 57(3)(4) - Remedies for bad faith termination

👥 Parties involved

Landlord: Steven Gallagher
Landlord Rep: Self Represented
Tenant: Katlyn Parker, Ryan Parker
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: bad faith, eviction, N12 notice, termination

⚖️ Decision summary

Landlord to pay tenants for increased rent and moving costs due to bad faith eviction.

⚠️ Dispute summary

Tenants alleged landlord issued termination notice in bad faith.
Landlord claimed no initial intent to sell; circumstances changed post-termination.

📑 Findings & determinations

Notice served in bad faith as landlord's father did not reside in the unit for the claimed duration.
Landlord ordered to compensate for increased rent and moving costs.

💡 Summary points

Landlord served a termination notice claiming his father required the rental unit.
Tenants vacated and later discovered the unit was sold.
Adjudicator found the termination notice was served in bad faith.
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