Akbari v. Blenkinsop

Tenant wins · Hamilton · 2024-02-27

Adjudicator

George W. King

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

B.A., K.S., T.S.

Tenant

S.B., E.W.

Landlord rep

Timothy Duggan

What happened

Tenants filed a bad faith application after discovering their former rental unit was listed for sale less than a year after they vacated due to an N12 notice. The Landlord and Tenant Board found the landlords acted in bad faith and ordered compensation. The appellant landlord appealed the decision to the Divisional Court, arguing the LTB erred in law by not analyzing the separate roles and responsibilities of the landlords in serving the N12 notice.

The ruling

The Divisional Court dismissed the appeal, upholding the LTB's decision that the appellant landlord was jointly liable for compensation to the tenants due to a bad faith eviction. The court found no error of law in the LTB's failure to analyze the separate roles and responsibilities of multiple landlords, as this is not required by the Residential Tenancies Act.