Akbari et al. v. Blenkinsop et al.

Tenant wins · Hamilton · 2024-02-27

Adjudicator

Sachs, J.

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

K.S., T.S.

Tenant

S.B., E.W.

Landlord rep

Timothy Duggan

What happened

Tenants filed a bad faith application after being served an N12 notice to vacate the rental unit for the landlord's personal use. The tenants vacated the unit in November 2020, but then discovered the property was listed for sale less than a year later. The LTB found the appellant, who was a tenant but served the N12 notice on behalf of the landlords, was also considered a landlord and liable for the bad faith eviction.

The ruling

The Divisional Court dismissed the appeal, finding that the LTB did not err in law by finding the appellant jointly liable with the landlords for the bad faith eviction of the tenants under section 57 of the Residential Tenancies Act.