Manji v Moran

Tenant wins · Toronto · 2022-01-12

Adjudicator

Heather Chapple

Dispute

Bad faith eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

B.R.M., D.W.H.

Tenant

A.M., J.M.

Landlord rep

Ian Shemesh

What happened

Tenants applied for an order determining that Landlord Agents gave a notice of termination in bad faith. The Landlord Agent Brian Reid Moran was removed as a party as he was only the property manager and had no involvement in the issues. The Tenants alleged the Landlord served the N12 notice in bad faith as they had listed the house for sale and never had the intention of residing in the rental unit for residential purposes.

The ruling

The Landlord served the N12 notice in bad faith, as the rental unit was listed for sale shortly after the Tenants vacated. The Tenants are entitled to $8,400 in rent differential and $50 in application filing costs.