Schenk v 285 Melvin Apartments Ltd.

Landlord wins · Hamilton · 2025-10-14

Adjudicator

Melissa Anjema

Dispute

Bad Faith Eviction

Notice

Renovation, Major Repairs (N13)

Landlord

285 Melvin Apartments Ltd.

Tenant

D.S.

Landlord rep

Darren Fink, Eric Steiman

Tenant rep

Kimberly Farrell

What happened

The Tenant filed a T5 application alleging the Landlord failed to provide the right of first refusal following an N13 notice for repairs/renovations. The Landlord challenged the application on the basis that it was filed more than two years after the Tenant vacated the unit, thus exceeding the statutory limitation period. The Tenant sought an extension based on a duty to accommodate his disability and public interest.

The ruling

The Tenant's application for bad faith regarding the right of first refusal was dismissed. Because the Tenant filed the application 12 days after the two-year limitation period expired, the Board determined it did not have the legal jurisdiction to hear the case, despite the Tenant's arguments regarding disability accommodation and public interest.