McCarthy v Durante

Split/Other wins · Guelph · 2025-05-29

Adjudicator

Nicole Pedron

Dispute

Bad Faith Eviction

Notice

Bad faith eviction (T5)

Landlord

S.D., A.D.

Tenant

S.M.

Landlord rep

Kelly Hawkes

Tenant rep

Scott Hedden

What happened

The Tenant filed an application alleging the Landlords issued a notice of termination in bad faith. At the hearing, the Tenant requested to withdraw the application. The Landlords' representative argued the application was vexatious and requested legal costs. The Board Member denied the Landlords' request for costs, finding insufficient evidence to prove the Tenant's application was frivolous or made in bad faith, and dismissed the application as withdrawn.

The ruling

The Tenant's application, alleging a bad faith eviction by the Landlords, was dismissed as withdrawn at the Tenant's request. The Landlords' subsequent request for legal costs, on the grounds that the application was vexatious, was denied. The Board found insufficient evidence to support a finding of unreasonable conduct by the Tenant.