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Case Study

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

ℹ️ 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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🧑‍⚖️ Same adjudicator

Dana Wren