Cornacchia v Sandy

Tenant wins · Barrie · 2024-03-05

Adjudicator

Elan Shemtov

Dispute

Bad Faith Eviction, Illegal Act

Notice

Personal use (N12)

Amount

$10-20K

Landlord

S.S.

Tenant

M.C., J.G.

Landlord rep

Yuvraj Bhullar

What happened

The Tenants applied for an order determining that the Landlord collected or retained money illegally (T1 application) and gave a notice of termination in bad faith (T5 application). The Landlord served the Tenants an N12 notice of termination for personal use, and the Tenants vacated the rental unit as a result. However, the Landlord did not occupy the unit within a reasonable time and instead rented it to other tenants.

The ruling

The Landlord must pay the Tenants $10,806.00, which includes $2,675.00 for the N12 compensation and $8,025.00 in general and compensatory damages for the N12 notice being served in bad faith. The Tenants are also awarded $106.00 for the cost of filing both applications. If the Landlord does not pay the full amount by March 15, 2024, they will owe interest at 7.00% annually on the outstanding balance.