Coutard v Khandelwal
Tenant wins · Toronto · 2025-11-03
- Adjudicator
- Mark Melchers
- Dispute
- Bad Faith Eviction, Harassment, Tenant Rights
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- K.K.
- Tenant
- M.C.
- Tenant rep
- Randy Anthony Smith
What happened
The Tenant applied for an order determining that the Landlord harassed and threatened him and gave a notice of termination in bad faith. The Landlord served an N12 for personal use while the property was already under a signed agreement of purchase and sale, and subsequently pressured the Tenant into signing an N11 agreement to vacate so the property could be sold with vacant possession for a higher value.
The ruling
The Landlord is ordered to pay the Tenant a total of $10,837.38. This includes $3,016.00 in general compensation for harassment and bad faith, $1,636.38 for moving and storage expenses, $6,132.00 for the rent differential for one year, and the $53.00 filing fee. The Board found the Landlord's conduct to be a malicious scheme to enrich herself at the Tenant's expense.