Staltari v Raju

Tenant wins · Toronto · 2025-07-22

Adjudicator

Candace Aboussafy

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

E.S.

Tenant

S.M.R.

Landlord rep

Maria Sturino

Tenant rep

Samuel Mason

What happened

The Landlord requested a review of an order dated January 6, 2025, which had presumably denied her application to terminate the tenancy for personal use. The Landlord alleged that the presiding Member committed a serious error in law regarding the 'good faith' test and a serious error in fact concerning the layout of the property. The Landlord argued her motives were irrelevant and only her genuine intention to occupy should matter. However, the Board found that the Landlord's vague testimony regarding her plans to renovate and connect the property's units undermined her credibility and justified the original finding that she lacked a genuine good faith intention to occupy the unit.

The ruling

The Landlord's request to review the previous order (which denied eviction) was denied. The Board found that the original adjudicator made no serious error in determining that the Landlord lacked the required 'good faith' intention to occupy the unit, specifically citing the Landlord's vague and implausible plans for the property's renovation and layout. The stay of the previous order is lifted.