Gryfe v Naftalis
Tenant wins · Toronto · 2024-09-06
- Adjudicator
- Candace Aboussafy
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $5-10K
- Landlord
- I.N.
- Tenant
- S.G.
- Landlord rep
- Jordan Nieuwhof, Sobini Tharmalingam
- Tenant rep
- Marc Levy
What happened
The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant an N12 Notice stating that the Landlord's daughter required possession of the rental unit for residential occupation for at least one year. The Tenant vacated the rental unit, but the Landlord's daughter did not move in and the unit was re-rented to new tenants.
The ruling
The Landlord served the N12 Notice in bad faith. The Landlord's daughter did not move into the rental unit within a reasonable time after the Tenant vacated. The Tenant is awarded $1,980 for rent differential, $1,582 for moving expenses, and $1,500 for general compensation. The Landlord is also ordered to pay a $5,000 administrative fine.