Oliver v Davison

Tenant wins · Oakville · 2025-07-04

Adjudicator

Harry Cho

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

R.D.

Tenant

M.O., J.O.

What happened

The Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. A previous order found that the Landlord's child did not occupy the rental unit for the mandatory one-year period after the Tenants vacated. The Landlord sought a review of this decision, arguing that his child had to vacate early because a roommate moved out, making it unaffordable. The LTB member in the original hearing found this excuse insufficient to justify a breach of the Act's occupancy requirements.

The ruling

The Landlord's request for a review of the order dated May 23, 2025, is denied. The original order, which likely awarded damages or remedies to the Tenants for a bad faith eviction, is confirmed and remains unchanged. The LTB upheld the finding that re-renting the unit within one year of an N12 eviction constitutes bad faith despite the Landlord's claims of financial difficulty due to a roommate vacating.