DRAKE8INC. v WILLIAMS

Tenant wins · Etobicoke · 2025-08-27

Adjudicator

Charles Dowdall

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

D., M.L.N., N.H.

Tenant

M.W., M.H.

Landlord rep

Reena Basser

Tenant rep

Marc Levy

What happened

The Landlords applied to terminate the tenancy for personal use. The Tenants argued that a previous LTB order already determined the Landlord is a corporation and thus prohibited from using the N12 process. The Landlords contended that circumstances had changed because their business was more successful and they had sold their home. The Adjudicator found that there was no significant change in circumstances since the previous dismissal and that the N12 notice still improperly identified a corporation as the Landlord.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The Board ruled that because a previous final order had already determined the Landlord was a corporation (which is ineligible for N12 evictions), and because there were no significant changes in circumstances since that ruling, the Board lacked jurisdiction to hear the case again.