Staats v Macpherson

Tenant wins · Brantford · 2026-01-05

Adjudicator

Colin Elsby

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

H.E.S.

Tenant

B.M.

Tenant rep

Michael Dow

What happened

Landlord applied to terminate the tenancy claiming he required the unit for his daughter's residential occupation. The Tenant contested the application, alleging that the notice was served in bad faith following a dispute over utility payments and her entering a new romantic relationship, which the Landlord disapproved of. The Adjudicator found that the Landlord's primary motive was to use the eviction as leverage in a financial dispute.

The ruling

The Landlord's application for an order to terminate the tenancy and evict the Tenant for personal use was dismissed. The Board determined the Landlord failed to establish a genuine, good faith intention to provide the unit to his daughter, as the evidence showed the eviction was being used as leverage in a dispute over utility payments and the Tenant's personal relationship. Relief from eviction would have been granted under Section 83(2) in any event.