BISSONNETTE v FROST
Tenant wins · Cornwall · 2025-05-12
- Adjudicator
- Stephen Rotstein
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12), Bad faith eviction (T5), Non-payment of rent (N4), Tenant-initiated Termination (N9)
- Amount
- $10-20K
- Landlord
- R.B.F.
- Tenant
- L.B., S.J.
- Landlord rep
- David Olevson
- Tenant rep
- Marie Beaupre
What happened
The Tenants filed an application alleging the Landlord served a Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit (N12) in bad faith. The N12 was for a purchaser's own use. The Tenants moved out after the Landlord threatened legal action for the purported lost sale value. The Tenants later discovered the property was not sold, and the Landlord was marketing it to 'flippers' on social media. The Landlord, an experienced real estate investor, claimed a verbal sale agreement existed, which he argued was his standard business practice, but it fell through because the Tenants did not vacate by the N12 termination date.
The ruling
The Board found that the Landlord acted in bad faith and ordered the Landlord to pay the Tenant a total of $10,606.80. This amount includes $9,436.80 for the increased rent differential for one year, $1,117.00 for the unpaid N12 compensation, and the $53.00 application fee. Additionally, due to the Landlord's threatening conduct and disregard for his obligations under the Act, a significant administrative fine of $5,000.00 was ordered to be paid to the Landlord and Tenant Board.