9054138 CANADA LTD. v RACINE

Tenant wins · Ottawa · 2025-09-19

Adjudicator

Panagiotis P. Roupas

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

9054138 CANADA LTD.

Tenant

S.R., J.S.A.

Landlord rep

Hassan Ibrahim, Diana Lacasse

Tenant rep

Marie Kelly

What happened

The Landlord applied to terminate the tenancy and evict the Tenants because the unit was sold and the purchaser required possession for residential occupation. The Landlord served an N12 notice but failed to pay the required one-month rent compensation by the termination date specified in the notice. The Landlord attempted to argue that compensation paid for a previous, failed N12 application should count toward this new application, which the Board rejected.

The ruling

The Landlord's application to evict the Tenants for the purchaser's use is dismissed. The Landlord failed to satisfy the mandatory statutory requirement of paying one month's rent compensation by the termination date. The Tenants are ordered to return $43.64 to the Landlord, which was an erroneous partial payment made after the deadline.