Gill v Laframboise
Last updated: July 26, 2024
Order
Ordered by Ian Speers,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Agree with the ruling?
Citation: Gill v Laframboise, 2021 CanLII 141405 (ON LTB)
File Number: CEL-00894-21
Timeline
Hearing Date
Sep 2021
Order Date
Oct 4, 2021
Decision
The Landlord's application is dismissed.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation.
Determinations
- N12 notice was served based on previous purchase agreement that terminated
- Landlord cannot rely on that notice for subsequent purchase agreement
- Landlord should have served new N12 notice for new purchase agreement
Landlord's Arguments
Tenant's Arguments
Similar Cases
Click to switch between order outcomes
The LTB terminated the tenancy for purchaser's own use under section 69 of the Act, granting a brief postponement of eviction under section 83.
McKenna v Keelan-Bishop
An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
The LTB denied the tenant's review request, confirming the original termination order issued for the landlord's personal use.
Chen v Alshehadat
The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
The LTB terminated the tenancy for purchaser's own use under section 69 of the Act, granting a brief postponement of eviction under section 83.
McKenna v Keelan-Bishop
An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
The LTB denied the tenant's review request, confirming the original termination order issued for the landlord's personal use.
Chen v Alshehadat
The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
The LTB terminated the tenancy for purchaser's own use under section 69 of the Act, granting a brief postponement of eviction under section 83.
McKenna v Keelan-Bishop
An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
The LTB denied the tenant's review request, confirming the original termination order issued for the landlord's personal use.
Chen v Alshehadat
The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
The LTB terminated the tenancy for purchaser's own use under section 69 of the Act, granting a brief postponement of eviction under section 83.
McKenna v Keelan-Bishop
An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
The LTB denied the tenant's review request, confirming the original termination order issued for the landlord's personal use.
Chen v Alshehadat
The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
Gupta v Karda
The LTB ordered the Tenant to pay for property damage repair costs and application fees after determining the Tenant caused undue damage, while dismissing the eviction claim as moot since the Tenant had already vacated.
The Landlord and Tenant Board denied the Tenant's review request of a personal use eviction order, confirming the original order and holding that review requests cannot be used to seek further relief from eviction.
Akbari v Bittorf
The Landlord's personal use eviction application was granted, but the eviction was postponed to the end of the year due to the Tenant's exceptional personal and health circumstances.
231 Bay (Hamilton) GP Inc. v Hollick
The LTB granted an eviction order for demolition under section 69 of the RTA, dismissing the tenant's claims regarding permits, compensation unit counts, and bad faith, while postponing eviction to October 31, 2026.
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