Landlord Loses Personal Use Case: Tapiero v Raddie 2022
Landlord loses personal use case against tenants in Toronto
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1037 Coxwell Avenue, Toronto, ON M4C3G4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2020
Hearing Date
Oct 2021
Order Date
Jan 5, 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords' child required possession of the rental unit for the purpose of residential occupation. The Tenants' representative raised the issue of corporate ownership of the rental complex and the fact that the N12 notice was served on behalf of a corporation, G3 Harmonic Inc., which is not in compliance with the Residential Tenancies Act.
Determinations
- G3 Harmonic Inc. is the Landlord on the Rental Agreement
- N12 notice was served on behalf of G3 Harmonic Inc. and Gail Tapiero
- Section 48(5) of the Act requires the landlord to be an individual
- The N12 notice is invalid, and the application is dismissed
- There is no authority in the Act to amend a notice of termination
- Yael Tapiero was not listed on the N12 notice or the application
Case Study
The N12 notice was invalid because the Landlords were not listed as individuals on the notice, as required by the Residential Tenancies Act. The application was therefore dismissed.
Arguments and Actions
Landlord
Procedural Errors
The Landlords served the N12 notice on behalf of a corporation, G3 Harmonic Inc., which is not in compliance with the Residential Tenancies Act.
Tenant
Arguments
The Tenants' representative raised the issue of corporate ownership of the rental complex and the fact that the N12 notice was served on behalf of a corporation, G3 Harmonic Inc., which is not in compliance with the Residential Tenancies Act.
Decision Summary
The Landlords' application is dismissed because the N12 notice was invalid, as the Landlords were not listed as individuals on the notice as required by the Residential Tenancies Act.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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Financial Details
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