Medler v Lam
Tenant wins · Toronto · 2025-10-28
- Adjudicator
- Harry Cho
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- >$20K
- Landlord
- H.L.
- Tenant
- I.M.
What happened
The Landlord sought a review of a previous order that found an N12 notice for personal use was issued in bad faith. The original ruling determined that although the Landlord claimed parents-in-law would occupy the unit, the Landlord instead listed the property on Airbnb shortly after the Tenant moved out. The Landlord's review request argued that the Tenant's early termination (using a 10-day notice) barred the bad faith claim and that the presence of roommates was relevant, both of which were rejected by the Board.
The ruling
The Landlord's request for review is denied. The original order remains in effect, requiring the Landlord to pay the Tenant a total of $23,440.48, comprised of one year of rent differential and two months of general compensation. The Board confirmed that the Landlord acted in bad faith by listing the unit on Airbnb after evicting the Tenant under the guise of housing family members.