Hamadeh v Morrison

Tenant wins · Waterloo · 2025-11-13

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

H.H.

Tenant

T.A.C.M.

Landlord rep

Babak Karimkhani

Tenant rep

Veronica Monez

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for personal occupation for at least one year. The Tenant raised a preliminary issue regarding the Landlord's failure to disclose all previous N12 notices issued within the last two years as required by section 71.1(3) of the Act. The Landlord argued that a Partnership Agreement with his brother (the co-owner) separated their unit responsibilities, but the Board found that both co-owners are Landlords under the Act and must disclose all notices given for any unit in the complex.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed because the Landlord failed to disclose previous N12 notices served to the Tenant and other occupants of the building within the last two years. The Tenant is ordered to return the $989.40 compensation amount previously paid by the Landlord by November 30, 2025.