Alipour v Dumalo, Afshin

Tenant wins · North York · 2021-10-08

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

K.A.

Tenant

F.A., J.D.

Landlord rep

Alireza Hesami

Tenant rep

Benjamin Mingo

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord had previously applied for the same reason, but that application was dismissed in 2019 because the Board found that the application was not made in good faith.

The ruling

The Landlord's application is dismissed. The Board has previously determined that the Landlord did not require the rental unit for the purposes of residential occupation in good faith, and the doctrine of res judicata applies.