Lam v Ho

Split/Other wins · Scarborough · 2025-10-21

Adjudicator

Joy Xiao

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

T.C.L.

Tenant

K.H.H.

Landlord rep

Hoi Fai Alvin Chan

Tenant rep

Victoria Wan

What happened

The Landlord applied to terminate the tenancy because they required the rental unit for the residential occupation of the Landlord's son for at least one year. The Tenant challenged the application, arguing bad faith and suggesting the Landlord's true motivation was a city by-law inspection regarding rooming house compliance. The Member found that the Landlord's son sincerely intended to occupy the unit for family reasons and that the city's investigation had been closed prior to the notice being served. While the application was granted, the Member provided significant relief from eviction, postponing the termination date due to the Tenant's age, medical condition, and financial hardship.

The ruling

The LTB terminated the tenancy effective February 28, 2026. The Landlord was granted possession because the son intends to move in. However, due to the Tenant's age (66), health issues (back surgeries), and lack of family support, the eviction was postponed by several months. The Tenant is ordered to pay a daily compensation of $15.29 from November 1, 2025, until they vacate.