Dishke v Da Silva

Tenant wins · Caledonia · 2025-09-22

Adjudicator

Joy Xiao

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

D.D.S., N.A.

Tenant

L.D.

Tenant rep

Robert Barber

What happened

The Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice for personal use but listed the property for sale shortly before the Tenant vacated. The unit was sold within a year, leading to a presumption of bad faith that the Landlords failed to rebut.

The ruling

The Board found the Landlords acted in bad faith by serving an N12 notice and then immediately listing the property for sale. The Landlords are ordered to pay the Tenant a total of $16,385.50, which includes $12,750.00 for rent differential over 12 months, $3,587.50 in general compensation (equivalent to one month's rent), and the $48.00 application filing fee.