Escobar v Pillai
Last updated: July 22, 2024
Order
Ordered by Jitewa Edu,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Escobar v Pillai, 2022 CanLII 137669 (ON LTB)
File Number: TET-15379-21-RV
Timeline
Tenancy End Date
May 2020
Hearing Date
Feb 2022
Order Date
Mar 9, 2022
Decision
The Landlord's request to review the original order was granted. The Tenant's application alleging bad faith eviction was dismissed as the evidence did not support the assertion that the Landlord acted in bad faith when issuing the N12 notice.
Dispute
Tenant filed an application alleging that Landlord gave a notice of termination in bad faith. Landlord requested a review of the original order, claiming they were unable to participate in the initial proceeding. The review was granted, and the original order was set aside. The Landlord's sale of the property and the purchaser's requirement for vacant possession were found to be in good faith, leading to the dismissal of the Tenant's application.
Determinations
- Landlord believed purchaser intended to move in when serving N12 notice
- Landlord was not reasonably able to participate in the original proceeding
- No evidence of bad faith on Landlord's part
- Original order contained a serious error
- Purchaser did not occupy the rental unit
- Tenant moved out due to N12 notice
Landlord's Arguments
Arguments
Landlord argued that at the time of serving the N12 notice, they believed the purchaser intended to occupy the unit, and only learned later that the purchaser's plans had changed due to the pandemic.
Actions and Evidence
Landlord sold the unit due to being behind on mortgage payments. Landlord signed an Agreement of Purchase and Sale on February 25, 2020, which included a requirement for vacant possession.
Tenant's Arguments
Arguments
Tenant argued that the Landlord gave the N12 notice in bad faith, as the purchaser did not move in and the unit was re-rented at a higher price.
Actions and Evidence
Tenant moved out on May 3, 2020, due to the N12 notice. Tenant found an advertisement listing the rental unit for rent online on December 20, 2020.
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