Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$1,600
to Landlord
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Citation: Alipour v Dumalo, Afshin, 2021 CanLII 144622 (ON LTB)
File Number: TNL-29017-20
Application Date
Jan 2020
Hearing Date
Jul 2021
Order Date
Oct 8, 2021
The Landlord's application is dismissed. The Board found that the doctrine of res judicata applies, as the same question of whether the Landlord has a genuine intention to move into the rental unit for at least one year has already been decided in the previous application. The Tenants are ordered to pay $1,600 to the Landlord, which represents the return of compensation paid to the Tenants.
Landlord applied to terminate the tenancy and evict the Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. This was the Landlord's second attempt to evict the Tenants for the same reason, as the previous application was dismissed in 2019 due to lack of good faith.
The Landlord argued that the res judicata should not apply because the Tenants' issues with the Landlord's father/agent have changed, the N12 notice was issued more than a year after the previous hearing, the Landlord's circumstances including her place of residence have changed, and the maintenance issues that were a factor in the previous decision have been resolved.
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Other Amount
$1,600
Compensation paid to Tenants
Ordered Amount
$1,600 (to Landlord)
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