Azubalis v Mason

Tenant wins · Toronto · 2026-01-20

Adjudicator

Rebecca Case

Dispute

Maintenance, Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

A.A.

Tenant

J.M.

Landlord rep

Vilijia Ycas

Tenant rep

Samuel Mason

What happened

The Landlord applied for an order to terminate the tenancy for personal use (N12), stating her son required the unit. The Tenant contested the application, arguing it was a retaliatory measure because she had complained to Toronto Public Health and attempted to enforce her rights regarding the remediation of lead paint in the bathroom. The case involved a detailed analysis of the timing of the N12 notice relative to the Tenant's complaints.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The Board found that the N12 notice was served in retaliation for the Tenant's maintenance complaints and contact with Toronto Public Health regarding lead paint. Because the application was dismissed, the Tenant is ordered to repay the $1,400.00 compensation previously received from the Landlord.