Constante v Tomassi

Tenant wins · Toronto · 2025-08-15

Adjudicator

Harry Cho

Dispute

Bad Faith Eviction, Personal Use

Notice

Personal use (N12)

Landlord

S.C.

Tenant

J.T., Z.C.

What happened

The Landlord applied to review an LTB order that had previously denied an eviction application for personal use. In the original proceeding, the Member found that the Landlord had served a Form N12 notice because the Tenants refused to pay an illegal rent increase. The Landlord sought a review, arguing that the Member made serious errors in evaluating evidence and law regarding good faith and post-notice circumstances. The review was conducted as a preliminary assessment without a hearing.

The ruling

The Landlord's request for a review of the July 16, 2025 order is denied. The original decision, which dismissed the Landlord's eviction application on the grounds that it was a retaliatory notice following the Tenants' refusal of an illegal rent increase, remains in full force and effect.