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Case Study

LTB Order on Bad Faith Termination

Case LTB-T-062950-22

🕑 Case timeline

Application Date: January 13, 2021

Hearing Date: September 28, 2023

Order Issued: October 13, 2023

Termination Date: December 15, 2019

Eviction Deadline: December 15, 2019

ℹ️ Case overview

Case Number: LTB-T-062950-22
Address: BASEMENT, 4392 BENNETT RD BURLINGTON ON L7L1Y7
Form Used: N12 Notice
Served By: Landlord
Amount Awarded: $2475.84
Decision In Favor: Tenant
Application Type: Application for determining bad faith in termination
RTA Sections: Section 57(3)1.1, Section 48.1

👥 Parties involved

Landlord: LINDA KENNEDY
Landlord Rep: Elaine Page
Tenant: SILVANA ALBANO, ELISA RISTOV
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: bad faith, termination, compensation, eviction, N12 Notice

⚖️ Decision summary

Tenants awarded difference in rent and internet costs for 12 months, and moving costs.
Landlord's actions deemed in bad faith, compensation awarded to tenants.

⚠️ Dispute summary

Dispute over bad faith use of N12 Notice for termination.
Landlord listed property for sale shortly after tenants moved out.

📑 Findings & determinations

Tenant proved bad faith on balance of probabilities.
Landlord did not move into the property as claimed in notice.

💡 Summary points

Tenants alleged bad faith termination by landlord.
Landlord served N12 Notice for own use but intended to sell.
Tenants awarded compensation for increased costs and moving.
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