Dadabhoy v Nadarajah

Tenant wins · Markham · 2025-11-21

Adjudicator

Amanda Kovats

Dispute

Bad Faith Eviction

Notice

Personal use (N12), Bad faith eviction (T5)

Landlord

S.N., K.S.

Tenant

S.D.

What happened

The Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. An initial order found in favor of the Tenant, awarding general compensation and rent differential. The Landlord requested a review of that order, arguing that the remedy was inappropriate, the Board failed to consider their good faith intent, and that the Tenant relied on undisclosed evidence (a new lease). The Landlord also claimed the intended occupant did not move in because they were no longer in contact, which contradicted previous testimony.

The ruling

The Landlord's request for a review of the original bad faith eviction order was denied. The Adjudicator confirmed that the original order, which awarded compensation to the Tenant, remains unchanged. The Board found the Landlord failed to rebut the presumption of bad faith after advertising the rental unit for rent within one year of the Tenant vacating.