McManamey v Lewis

Landlord wins · Grimsby · 2025-03-10

Adjudicator

Robert Brown

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

E.L., Provincial Millwork Inc.

Tenant

J.M.

Landlord rep

Judith Callander

Tenant rep

Elizabeth Cote

What happened

The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant an N12 notice stating that the purchaser of the property required vacant possession for their own residential use. The Tenant became suspicious of the Landlord's motives and discovered that the rental unit had not sold until much later than the Landlord had disclosed. The Landlord testified that the rental unit was being sold to the Purchaser, who is the daughter of the Landlord's friend, and that the Purchaser moved into the rental unit in December 2023 after renovations were completed.

The ruling

The Tenant's application is dismissed. The Purchaser did move into the rental unit within a reasonable amount of time after the Tenant vacated, as required under section 57(1)(b) of the Act.