Thayalan v Joseph David

Tenant wins · Toronto · 2023-05-31

Adjudicator

Peter Pavlovic

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

>$20K

Landlord

S.J.D., Y.A.

Tenant

J.T., K.T., N.T., T.S., V.T.

Tenant rep

Shawn D. Harvey, Bavithra Vigneswararajah

What happened

Tenants applied for an order alleging that Landlords gave a Notice of Termination in Bad Faith. The Landlords served an N12 notice claiming personal use, but sold the property shortly after the Tenants moved out.

The ruling

The Landlord and Tenant Board found that the Landlords served the N12 notice in bad faith. The Tenants were awarded $22,264.50 for moving expenses, rent differential, compensation, and application fee. The Landlords were also ordered to pay a $10,000 fine to the Board.