Staltari v Wu

Tenant wins · Toronto · 2025-07-22

Adjudicator

Candace Aboussafy

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

E.S.

Tenant

J.W., O.C.

Landlord rep

Maria Sturino

Tenant rep

Samuel Mason

What happened

The Landlord applied to terminate the tenancy for personal use. A previous order (January 6, 2025) dismissed the application. The Landlord requested a review of that order, alleging that the presiding Member committed serious errors in law and fact regarding the application of the 'good faith' test and the assessment of the Landlord's credibility. The Landlord's core argument was that her intention to occupy was genuine, regardless of the reasonableness of her plans to renovate and combine units. The Tenants contested the review, maintaining the original decision was correct.

The ruling

The Landlord's request for a review of the order dated January 6, 2025, is denied. The original order remains unchanged, meaning the application to evict the Tenants for personal use is dismissed. The stay of the original order is lifted immediately.