MICHALARIAS v NWEKE GROUP INC

Tenant wins · Toronto · 2024-03-13

Adjudicator

Melissa Anjema

Dispute

Bad Faith Eviction

Notice

N13

Amount

<$5K

Landlord

NWEKE GROUP INC

Tenant

F.M.

Landlord rep

Jamille Sunga, Happiness Nweke

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenant alleged that the Landlord did not pay the full compensation required under Section 52(1) of the Residential Tenancies Act, 2006 when serving the N13 notice to terminate the tenancy for the purpose of conversion to non-residential use.

The ruling

The Tribunal found that the Tenant proved the allegations in the application on a balance of probabilities. The Landlord was ordered to pay the Tenant $3,257.68, which includes the remaining compensation owed and the application filing fee.