Dahlke v McPherson
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Dahlke v McPherson, LTB-L-082834-25, 2026 ONLTB 38641
File Number: LTB-L-082834-25
Timeline
Hearing Date
Apr 2026
Order Date
May 13, 2026
Tenancy End Date
Jun 2026
Decision
The LTB found the Landlord proved good faith intent for personal use and terminated the tenancy, granting the Tenants a delay until June 15, 2026, due to hardship.
Reason for Eviction Relief
Tenants' health, mobility issues, and personal hardship.
Dispute
Landlord applied to terminate tenancy for personal use (N12). Tenants argued an oral rent-to-own agreement existed and requested a delay in eviction due to health and personal hardship.
Determinations
- Tenancy terminated on June 15, 2026.
- Landlord established good faith intent for personal use.
- No rent-to-own agreement proven.
Landlord's Arguments
Arguments
Asserted good faith intent to occupy the unit for at least one year.
Actions and Evidence
Landlord testified she is homeless and requires the unit for her own use.
Considerations
Tenant's Arguments
Arguments
Claimed rent-to-own agreement existed; challenged the application under section 5(i) and argued hardship under section 83(2).
Actions and Evidence
Tenant argued for an informal rent-to-own agreement involving property tax payments and repairs, which the LTB found lacked evidence.
Considerations
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Bottiglieri v Emanuel
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The Landlord successfully obtained an order terminating the tenancy for personal use, with the Tenant granted until June 15, 2026 to vacate.
The Board denied a Tenant's request to review an eviction order for personal use, finding the Tenant failed to justify his non-participation in the original hearing.
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Brown v McIlmoyle
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