Wang v Kolanjian

Split/Other wins · Ottawa · 2025-06-04

Adjudicator

Diane Wade

Dispute

Damage to Property, Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

X.W., Y.W.

Tenant

T.K., M.K., H.K., J.K., N.K.

Landlord rep

Damien Cordaie

What happened

The Landlords filed an application to evict the Tenants for personal use of the rental unit by their daughter. The Landlords also claimed for damages, but this was dismissed. The Tenants, a family of five, argued for relief from eviction under section 83 of the Act, citing significant hardship due to the father's severe medical condition following a serious accident, the family's financial struggles, and the long duration of their tenancy.

The ruling

The Board granted the Landlords' application to terminate the tenancy for personal use. However, exercising its discretion under section 83 of the RTA, the Board postponed the eviction date to May 31, 2026. This significant delay was granted to mitigate the severe prejudice the Tenant family would suffer due to the father's serious health issues and the family's financial instability. The Tenants are ordered to pay the Landlords $186.00 for the application filing fee.