MOORTHY v NGUYEN

Tenant wins · Mississauga · 2025-08-08

Adjudicator

Amanda Kovats

Dispute

Bad Faith Eviction, Review Request

Notice

Personal use (N12)

Landlord

H.P.P.H.N.

Tenant

D.O.M., A.P.

Landlord rep

Vijayant Sood

Tenant rep

Sarah Teal

What happened

The Landlord requested a review of a previous order that found a notice of termination was given in bad faith. The Landlord argued that the Board lacked jurisdiction because he moved into the unit after the Tenants vacated and shared a kitchen/bathroom with a new roommate, thus claiming an exemption under section 5(i) of the Act. He also claimed procedural unfairness due to language barriers and the exclusion of utility bill evidence.

The ruling

The Landlord's request for review of the bad faith eviction order was denied. The Adjudicator confirmed that the Board maintains jurisdiction over bad faith claims even if the landlord subsequently moves into the unit. The stay of the original order was lifted immediately, and no costs were awarded despite the Tenants' request.