Fajardo v Rozov
Landlord wins · North York · 2025-06-27
- Adjudicator
- Eric Groulx
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Landlord
- R.R., P.F.
- Tenant
- J.F.
- Landlord rep
- Shaun Harvey
- Tenant rep
- Carey dePass
What happened
The Tenant filed a T5 application alleging the Landlord issued an N12 notice for personal use in bad faith. The Tenant claimed the Landlord did not move into the unit and instead listed it for rent. The Landlord countered with extensive documentation proving residency, including government mail, school registration for a child, and a live video tour of the unit during the hearing.
The ruling
The Tenant's T5 application for bad faith eviction is dismissed. The Landlord successfully demonstrated through oral testimony and documentary evidence (CRA mail, driver's license, school records, and live video) that they moved into the rental unit shortly after the Tenant vacated and continued to reside there as of the hearing date.