Wolanin v Khanna

Landlord wins · St Catharines · 2022-02-15

Adjudicator

Randy Aulbrook

Dispute

Bad faith eviction

Landlord

R.K.

Tenant

A.F., D.W.

What happened

Tenants applied for an order determining that the Landlord gave a N12 notice of termination in bad faith. However, it was revealed during the hearing that no proper notice was given, and the Tenants had moved out based on a verbal notice.

The ruling

The Tenants' application was dismissed. The Board found that no proper notice was given to end the tenancy by either the Landlord or the Tenants in accordance with section 43 of the Residential Tenancies Act. Consequently, the Landlord could not have given the Tenants a notice in bad faith.