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LTB Order on Bad Faith Termination Notice

Case LTB-T-007509-23

Case Timeline

Application Date: September 29, 2022
Hearing Date: July 13, 2023
Order Issued: July 28, 2023
Termination Date: October 31, 2021
Eviction Deadline: October 31, 2021

Case Overview

Case Number: LTB-T-007509-23
Address: 2, 344 Charlton Avenue West, Hamilton Ontario L8P2E7
Form Used: N12
Served By: Landlord
Amount Awarded: No amount awarded
Decision In Favor: Landlord
Application Type: Determination of bad faith in a notice of termination
RTA Sections: Section 48, Section 57

Parties Involved

Landlord: Nnamdi George Okafor
Landlord Rep: Self Represented
Tenant: Shawn Brittany, Zita De Snoo
Tenant Rep: Cindy Coon
Adjudicator: Dana Wren
Keywords: bad faith, N12 notice, termination, good faith

Decision Summary

Application dismissed based on evidence provided at hearing.
Landlord's intermittent residence due to job travel not considered bad faith.

Dispute Summary

Dispute over whether landlord served N12 notice to terminate tenancy in bad faith.
Landlord did not list or rent the unit after tenants moved out.

Findings & Determinations

Tenants did not prove bad faith on balance of probabilities.
Landlord moved into the unit and did not engage in actions suggesting bad faith.

Summary Points

Tenants alleged landlord served N12 notice in bad faith.
Landlord claimed to have moved into the unit for affordability after job loss.
Landlord rebutted bad faith presumption; application dismissed.
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