Case Study

LTB Order on Bad Faith Eviction Claim - Weekes v First Choice Property Management

Tenant awarded damages and fine imposed on landlord for bad faith eviction

🕑 Case timeline

Application Date: June 29, 2022

Hearing Date: October 4, 2023

Order Issued: October 13, 2023

Termination Date: March 31, 2023

Eviction Deadline: October 24, 2023

ℹ️ Case overview

Case Number: LTB-T-056839-22

Address: 72, 1725 Ernest Avenue, London ON N6E2W3

Form Used: N12

Served By: Landlord

Amount Awarded: $9,551.57

Decision In Favor: Tenant

Application Type: Bad faith eviction claim

RTA Sections: Section 48, Section 57(1)(a), Section 57(5), Section 57(6)

👥 Parties involved

Landlord: First Choice Property Management

Landlord Rep: Self Represented

Tenant: Darryl Weekes

Tenant Rep: Self Represented

Adjudicator: Fabio Quattrociocchi

Keywords: bad faith eviction, N12 notice, increased rent, administrative fine

⚖️ Decision summary

Landlord to pay $8,940.00 for increased rent, $558.57 for moving costs, and a $1,000.00 administrative fine.

⚠️ Dispute summary

Tenant alleged landlord served N12 notice in bad faith.
Evidence showed rental unit was advertised for rent within two months of vacancy.

📑 Findings & determinations

Tenant proved bad faith eviction on balance of probabilities.
Landlord did not occupy the unit as claimed in the notice.

💡 Summary points

Tenant vacated after receiving N12 notice for landlord's personal use.
Rental unit advertised for rent shortly after tenant vacated.
Landlord ordered to pay difference in rent and moving costs, plus a fine.

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bad faith eviction N12 notice increased rent administrative fine

🧑‍⚖️ Same adjudicator

Fabio Quattrociocchi

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