BUSHFIELD v BRITTAIN
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: BUSHFIELD v BRITTAIN, LTB-L-013656-26, 2026 ONLTB 41569
File Number: LTB-L-013656-26
Timeline
Hearing Date
May 2026
Order Date
May 27, 2026
Tenancy End Date
Jul 2026
Decision
The application for termination for personal use is granted as the Landlord proved good faith and intent. Eviction is postponed to July 14, 2026.
Reason for Eviction Relief
Tenant has resided in the unit for 11 years.
Dispute
Landlord applied to terminate the tenancy for personal use (Landlord's son). Tenant alleged retaliation due to maintenance disputes, but failed to provide evidence.
Determinations
- The N12 notice was served in good faith.
- The Landlord's son has a genuine intention to occupy the unit for at least one year.
- The Tenant's claims of retaliation were not supported by evidence.
- The Landlord has met the requirements of section 48(1) of the Act.
Landlord's Arguments
Arguments
Landlord asserted good faith requirement for personal residential occupation by family member.
Actions and Evidence
Landlord testified the son requires the unit for on-site property management and the father's health requires the son to reside on-site.
Considerations
Tenant's Arguments
Arguments
Tenant argued the notice was in retaliation for asserting rights regarding kitchen repairs and disputed the necessity of this specific unit for the Landlord's son.
Actions and Evidence
Tenant alleged the notice was retaliatory due to a maintenance dispute, but could not produce evidence or dates of alleged communications.
Considerations
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