Evictly

Gibson v Shushan

Tenant wins · Kitchener · 2021-11-12

Adjudicator
Greg Joy
Dispute
Renovation, Major Repairs
Notice
Personal use (N12)
Landlord
J.G., 627220 Ontario Inc
Tenant
L.S.
Landlord rep
Lisa Nadon
Tenant rep
Theresa Forrest

What happened

Landlords applied to terminate the tenancy and evict the Tenant to do major repairs and renovations to the rental unit and building, including work on the plumbing stack, moving the laundry room, and adding a fourth rental unit in the basement. The Tenant, who has lived in the unit for 14 years, is elderly and prepared to live with the work being done while he remains in the unit.

The ruling

The Landlords' application is dismissed. The Board found it would be unfair to terminate the Tenant's tenancy, considering his age, disabilities, and long tenancy, as well as the fact that the majority of the work is not directly related to the Tenant's rental unit.