Hirt v Gnnanasegaram

Tenant wins · Toronto · 2025-06-16

Adjudicator

Diane Wade

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

S.S., S.S., S.S., S.G., C.J.

Tenant

N.H., D.T.

Landlord rep

Leon Presner, Komal Horril

What happened

Tenants filed an application claiming the Landlord and Purchaser issued an N12 notice for purchaser's own use in bad faith. The Tenants vacated the unit in September 2021, and the Purchaser sold the property in June 2022, less than a year after taking possession. The Purchaser argued that the house was too small for their family of nine and they could no longer afford it because their son could not contribute financially as expected.

The ruling

The Board ordered the Purchasers to pay the Tenants $11,753.00. This includes $10,200.00 for the one-year rent differential, $1,500.00 for pain and suffering due to the forced move to a smaller apartment, and the $53.00 filing fee. The original Landlords were cleared of financial liability as they served the notice based on the Purchaser's stated intent.