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Case Study

LTB Order on Bad Faith Eviction Claim

Tenant vs Landlord Dispute over N12 Notice

🕑 Case timeline

Application Date: April 12, 2021

Hearing Date: September 11, 2023

Order Issued: 2023-10-30

Termination Date: April 30, 2021

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-T-049322-22
Address: BASEMENT, 2468 RIDEAU DRIVE, OAKVILLE ON L6H7R1
Form Used: Form N12
Served By: Landlord
Amount Awarded: $1,100.00 general compensation, $7,800.00 rent differential
Decision In Favor: Tenant
Application Type: Eviction for personal use
RTA Sections: Section 48, Section 57(1)

👥 Parties involved

Landlord: JAGDISH RAMANI (CHANDIRAMANI)
Landlord Rep: Lisa Barder
Tenant: JENNIFER PORTER
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: bad faith, N12, eviction, personal use

⚖️ Decision summary

Tenant proved on a balance of probabilities that the notice of termination was given in bad faith.
Landlord's mother's use of the unit did not meet the residential occupation requirement.

⚠️ Dispute summary

Tenant received N12 notice for landlord's personal use.
Landlord claimed his mother would move in, but evidence suggested otherwise.

📑 Findings & determinations

Tenant established all requirements for a T5 application.
Landlord's use of the unit was temporary and occasional, not qualifying as residential occupation.

💡 Summary points

Tenant claimed Landlord issued N12 notice in bad faith.
Tenant vacated after receiving notice claiming Landlord's parent would move in.
Evidence showed Landlord's parent did not move in within a reasonable time.
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🧑‍⚖️ Same adjudicator

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📂 Related by application type

Eviction for personal use