Corporate Structure Invalidates Landlord's Eviction Attempt: 1002010 Ontario Ltd. v Farkas 2024
Corporate landlord's complex ownership structure prevents eviction of tenants under N12 notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
4539 Churchill Line RR 3, Wyoming, ON N0N1T0
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Sep 5, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord claims to require possession of the rental unit for personal use by their child for at least one year. The application was dismissed due to technical issues with the landlord's corporate structure.
Determinations
- Landlord's application dismissed
- Corporate structure invalidates N12 notice
- Tenancy continues
- Landlord owns only 0.1% of corporate entity
Case Study
The Board found that the corporate structure of the landlord prevented them from serving a valid N12 notice under Section 48(5) of the Residential Tenancies Act.
Arguments and Actions
Landlord
Arguments
Attempted to use N12 notice for personal use by child
Actions
Landlord owns 0.1% of the corporate entity and claimed good faith requirement for personal use
Procedural Errors
Improper corporate structure preventing valid N12 notice
Decision Summary
The Landlord's application to terminate the tenancy was dismissed because the corporate structure did not meet the legal requirements for serving an N12 notice of termination.
Reason for Eviction Relief
Corporate structure invalidates N12 notice
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
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