10053791 Canada Inc v Younes

Tenant wins · Ottawa · 2025-11-06

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

10053791 Canada Inc

Tenant

G.Y., G.Y.

Landlord rep

Kevin Diamantini

What happened

The Landlord, a corporation, applied for an order to terminate the tenancy for personal use (N12). The Tenants' legal representative challenged the application on the basis that under Section 48(5) of the Residential Tenancies Act, a corporation is prohibited from issuing an N12 notice for personal use. The Landlord argued that it was a small corporation with a single director who required the unit.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The LTB ruled that corporations are legally prohibited from issuing N12 notices for personal use under Section 48(5) of the Residential Tenancies Act, regardless of whether the corporation is owned by a single individual.