Wark v Alipour

Landlord wins · Etobicoke · 2024-09-13

Adjudicator

Kate Sinipostolova

Dispute

Bad Faith Eviction

Notice

Personal use (N13)

Landlord

B.A.

Tenant

M.W., M.M.

Landlord rep

Nik Alipour, Babak Karimkhani

Tenant rep

Wayland Paralegal

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord issued an N13 notice to terminate the tenancy for personal use, as he planned to demolish the rental unit and build a new home. The Tenants argued the Landlord did not demolish the unit within a reasonable time and instead re-rented it, indicating the notice was issued in bad faith.

The ruling

The Tenants' application is dismissed. The Tenants did not prove on a balance of probabilities that the Landlord issued the N13 notice in bad faith, as the Landlord's intention to demolish the unit and build a new home was consistent throughout the communications with the Tenants.