Janwari v Spykerman

Split/Other wins · Caledonia · 2025-07-11

Adjudicator

Bryan Delorenzi

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

N.J.

Tenant

A.S., O.E.

Landlord rep

Lisa Duchene

What happened

The Landlord applied for a review of an order that dismissed his application for eviction for personal use. The original dismissal was based on a finding that the Landlord lacked 'good faith' because the property was listed for sale during the N12 notice period. In the review, the Landlord attempted to provide evidence that the property was delisted earlier than previously testified. The Board upheld the dismissal of the eviction but found that the Tenants must return the compensation paid by the Landlord for the N12 notice since the application was ultimately unsuccessful.

The ruling

The request for review is granted in part. While the eviction remains dismissed due to a lack of good faith (the property was listed for sale during the notice period), the order is varied to require the Tenants to repay $2,250.00 in compensation to the Landlord by August 11, 2025. If the amount is not paid by the deadline, interest will accrue at a rate of 4.00% annually.