Banihashemian v Partow
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Banihashemian v Partow, 2026 ONLTB 28688
File Number: LTB-T-070372-25
Timeline
Hearing Date
Apr 2026
Order Date
Apr 14, 2026
Decision
The Tenants' application alleging bad faith termination was dismissed as they failed to prove their allegations on a balance of probabilities.
Dispute
Tenants alleged that the Landlord gave an N12 notice in bad faith, claiming the Landlord did not move into the unit. The Landlord provided evidence of residency, school enrollment, and renovation history.
Determinations
- The Tenants did not prove the allegations on a balance of probabilities.
- The Landlord established occupation of the unit following the termination.
- The application is dismissed.
Landlord's Arguments
Arguments
The Landlord argued they had moved into the unit but were transitioning slowly and later required renovations due to financial constraints and subsequent damage.
Actions and Evidence
The Landlord testified they moved into the unit, enrolled their child in a local school, and performed renovations, even after a fire occurred in the furnace area.
Considerations
Tenant's Arguments
Arguments
The Tenant argued the Landlord acted in bad faith as they did not observe signs of occupation and noted the Landlord works for a US-based company.
Actions and Evidence
The Tenant claimed to have visited the property on multiple occasions, knocking on the door with no response, and submitted photos to support their claim that the unit remained vacant.
Considerations
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