Nicholson v Sivakumar

Tenant wins · Newmarket · 2025-10-09

Adjudicator

Kyle Anderson

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

P.S.

Tenant

S.N.

What happened

The Tenant filed a T5 application alleging the Landlord gave an N12 notice for personal use in bad faith. The Tenant moved out on July 28, 2024, relying on the notice. Subsequently, the unit was listed for sale and later rented to another party. The Landlord failed to provide evidence of genuine intent to occupy the unit.

The ruling

The Landlord is found to have acted in bad faith regarding an N12 notice. The Landlord is ordered to pay the Tenant a total of $6,129.16 by October 20, 2025. This includes compensation for a year of increased rent ($2,376.00), out-of-pocket moving and disposal expenses ($1,700.16), general compensation for distress ($2,000.00), and the application filing fee ($53.00).