Paltridge v Innuksuk
Tenant wins · Hamilton · 2025-05-16
- Adjudicator
- Kate Sinipostolova
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- J.P.
- Tenant
- K.I.
- Landlord rep
- John Groves
- Tenant rep
- Kevin Staats
What happened
The Landlord applied to terminate the tenancy and evict the Tenant on the grounds that she required the rental unit for her granddaughter to move in and provide caregiver services. The Landlord claimed her granddaughter would assist with laundry, transportation, and daily tasks. The Tenant challenged the application, arguing that the intended services did not meet the legal definition of care services and that the Landlord was acting in bad faith due to personal animosity.
The ruling
The Landlord's application for eviction based on caregiver use was dismissed. The Board found the granddaughter did not meet the legal criteria for a caregiver and the Landlord failed the 'good faith' requirement, admitting she wanted the Tenant out for personal reasons. Consequently, the Tenant is ordered to refund the $663.17 compensation payment to the Landlord by May 31, 2025.