1001117058 Ontario Inc. v Payne

Tenant wins · Brampton · 2025-12-10

Adjudicator

Rachel Gibbons

Dispute

Renovation, Major Repairs

Notice

Renovation, Major Repairs (N13)

Landlord

1001117058 Ontario Inc.

Tenant

A.P., L.P.

Landlord rep

Ektej Gahunia, Samila Waslat

What happened

The Landlord applied to terminate the tenancy for major renovations that require vacant possession and a building permit. The Tenants contested the application, arguing bad faith and noting that the Landlord had not yet secured the necessary building permits. The Landlord provided evidence of preparation and applications but admitted that permits had not been issued and a final fee was still outstanding. The Adjudicator found the Landlord failed to satisfy the legal requirements regarding permit status.

The ruling

The Landlord's application to terminate the tenancy for major renovations was dismissed. Although the Landlord had compensated the Tenants and begun the permit application process, they failed to obtain the necessary building permits or prove that such permits could only be obtained once the unit was vacant, as required by Section 73 of the Residential Tenancies Act.