Last updated: July 22, 2024
Ordered by Laura Hartslief,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: Park and Cho v Wang and Wu, 2022 CanLII 137215
File Number: TNT-32624-21
Application Date
Jan 2021
Hearing Date
Feb 2022
Order Date
Feb 28, 2022
The Tenants' application was dismissed. The Landlords were able to rebut the presumption of bad faith in serving the notice of termination.
Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served the Tenants with a notice of termination under section 48 of the Residential Tenancies Act, 2006, and the Tenants vacated the rental unit. The Landlords then listed the rental unit for lease and re-rented it shortly after. The central issue was whether the Landlords genuinely intended to move into the rental unit when they served the notice of termination.
Landlord's wife faced significant personal challenges in 2020, including the death of her mother, a house fire, and travel restrictions due to COVID-19. The Landlords intended to move into the rental unit after the Tenants vacated, but the Landlord's wife ultimately decided she could not handle another move due to the stress she had experienced.
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