Myssie v Mascarenhas

Tenant wins · Toronto · 2023-04-12

Adjudicator

Emile Ramlochan

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

C.M.

Tenant

D.P.M., S.T.C.

Tenant rep

Peter Lopez

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by a person who provides or will provide care services to the child of the Landlord.

The ruling

The application is dismissed. The N12 Notice given to the Tenants was invalid as the Landlord's daughter (the person receiving the care services) will not live in the rental unit as required by the Act, and the Landlord's sister does not qualify as a "caregiver" under the Act.