Chan v Ching

Tenant wins · Toronto · 2025-08-22

Adjudicator

Benjamin Seigel

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

V.C.

Tenant

S.C.

Landlord rep

Nicolina Camarda

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant, claiming that they required the rental unit for the residential occupation of their son. The Tenant contested the application, arguing that the Landlord served the N12 notice in bad faith as part of an attempt to sell the property untenanted and after renovations. Evidence revealed the property was listed for sale before and after the notice was served, and the Landlord's financial justifications for the move-in were found to be inconsistent and non-credible by the Board.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The Board found that the Landlord did not act in good faith when serving the N12 notice, as the evidence suggested the primary intention was to obtain vacant possession for the purpose of renovating and selling the rental unit.