Evictly

Byrne v 1358772 Ontario Inc.

Tenant wins · Bayfield · 2025-12-15

Adjudicator
Kate Sinipostolova
Dispute
Bad Faith Eviction
Notice
Personal use (N12)
Amount
$5-10K
Landlord
1358772 Ontario Inc., M.D.
Tenant
K.B.
Landlord rep
Terri Louch
Tenant rep
Lisa Downs

What happened

The Tenant filed an application alleging that the Landlord served an N12 notice of termination in bad faith. The Tenant argued that the Landlord, a numbered corporation, was legally prohibited from serving such a notice for personal use. Additionally, the Tenant claimed the Landlord did not move into the unit within a reasonable time after the Tenant vacated. The Landlord contended that the delay was due to renovations and that a personal friend stayed in the unit for free during the vacancy, not a new tenant.

The ruling

The Landlord was found to have acted in bad faith by serving an N12 notice when prohibited by law as a corporation and failing to occupy the unit within a reasonable timeframe. The Landlord is ordered to pay the Tenant $5,146.40 by December 31, 2025, covering moving expenses, general compensation for the impact of the eviction, and the application filing fee.