Conway v O'Meara

Landlord wins · Scarborough · 2025-10-22

Adjudicator

Douglas Malanka

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

D.O.

Tenant

T.C., L.M.

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination (N12) in bad faith. The Tenants alleged the Landlord's son did not occupy the unit as intended after they moved out. The Landlord argued that unforeseen mental health crises involving his son forced a change in plans, but the unit remained within the family's use and was never re-listed for rent.

The ruling

The Tenants' application was dismissed. The Landlord successfully demonstrated that the N12 notice for personal use was served in good faith, despite the intended occupant (the Landlord's son) being unable to remain in the unit for the full 12 months due to a diagnosed mental health crisis. The unit was not re-rented to third parties and remains occupied by the Landlord's family.