Thiessen v MacDonald
Tenant wins · St Catharines · 2025-08-06
- Adjudicator
- Carrie Bertrand
- Dispute
- Bad Faith Eviction, Personal Use
- Notice
- Personal use (N12), Non-payment of rent (N4)
- Landlord
- T.T., J.T.
- Tenant
- D.M., Z.M.
- Landlord rep
- Judith Callander
What happened
Landlords applied to terminate the tenancy for personal use, claiming the Landlord's daughter required the unit. The Tenants challenged the application on the grounds of bad faith, citing a history of improper notices, an attempt to bypass rent increase guidelines, and a false non-payment of rent notice.
The ruling
The Landlords' application to terminate the tenancy for the purpose of their daughter's residential occupation was dismissed. The Board found the Landlords acted in bad faith, noting attempts to secure an illegal rent increase, the issuance of a false non-payment notice, and the failure to disclose prior termination notices.