Wojtowycz v Gold

Tenant wins · Toronto · 2022-01-05

Dispute

Bad faith eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

R.G.

Tenant

R.W.

Tenant rep

Kimberley Covey

What happened

The Tenant applied for an order that the Landlord had given a notice of termination in bad faith. The Landlord served an N12 notice of termination in April 2019, for own use with a termination date of August 31, 2019. The Tenant vacated the rental unit on September 11, 2019, and the Landlord re-rented the unit effective October 1, 2019 with a new rent amount of $1,575.00. The Landlord also listed the rental unit for sale in April 2020.

The ruling

The Landlord served the N12 notice in bad faith, as the unit was re-rented within weeks of the Tenant vacating and subsequently listed for sale. The Landlord is ordered to pay the Tenant $3,930.93, which includes the increased rent, cable and hydro expenses, and moving expenses incurred by the Tenant.