Desjardins v Jackson
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
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Citation: Desjardins v Jackson, LTB-T-082280-25, 2026 ONLTB 41617
File Number: LTB-T-082280-25
Timeline
Hearing Date
May 2026
Order Date
May 29, 2026
Decision
The Tenant's application for bad faith eviction was dismissed as she failed to prove the elements of the test; the Landlord provided a reasonable explanation for the delay in occupation.
Dispute
The Tenant filed an application alleging bad faith eviction after receiving an N12 notice. The Tenant claimed the Landlord did not move into the unit within a reasonable time. The Landlord testified that unforeseen structural repairs and municipal requirements regarding an illegal duplex caused delays. The adjudicator found the Landlord's explanation reasonable and dismissed the application.
Determinations
- The Tenant failed to prove the Landlord acted in bad faith on a balance of probabilities.
- The Landlord's explanation for the 20-month delay in occupying the unit (unforeseen repairs, municipal zoning issues) was deemed reasonable.
- The application is dismissed.
Landlord's Arguments
Arguments
The Landlord argued he always intended to occupy the house and the delay was due to factors outside his control, specifically structural issues and municipal zoning compliance.
Actions and Evidence
The Landlord testified that upon entry he discovered hidden mold and structural damage and subsequently learned the building was an illegal duplex, necessitating lengthy municipal approvals and renovations.
Considerations
Tenant's Arguments
Arguments
The Tenant argued the Landlord acted in bad faith as the unit remained unoccupied for 20 months following the N12 notice.
Actions and Evidence
The Tenant vacated the unit on September 30, 2024, and testified that she observed the unit remained vacant with renovations being performed.
Considerations
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Similar Cases
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The Tenant's application for bad faith eviction was dismissed as the Landlord provided sufficient evidence of a genuine intent for personal use of the unit by a family member.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application as the landlord proved a genuine intention to occupy the rental unit.
The Tenant's application alleging bad faith in the issuance of an N12 notice was dismissed as the Landlord proved personal occupation of the unit.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application, finding that the landlord had sufficient reason for failing to occupy the unit after the tenants vacated.
The Tenant's application for bad faith eviction was dismissed as the Landlord provided sufficient evidence of a genuine intent for personal use of the unit by a family member.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application as the landlord proved a genuine intention to occupy the rental unit.
The Tenant's application alleging bad faith in the issuance of an N12 notice was dismissed as the Landlord proved personal occupation of the unit.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application, finding that the landlord had sufficient reason for failing to occupy the unit after the tenants vacated.
The Tenant's application for bad faith eviction was dismissed as the Landlord provided sufficient evidence of a genuine intent for personal use of the unit by a family member.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application as the landlord proved a genuine intention to occupy the rental unit.
The Tenant's application alleging bad faith in the issuance of an N12 notice was dismissed as the Landlord proved personal occupation of the unit.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application, finding that the landlord had sufficient reason for failing to occupy the unit after the tenants vacated.
The Tenant's application for bad faith eviction was dismissed as the Landlord provided sufficient evidence of a genuine intent for personal use of the unit by a family member.
The Landlord and Tenant Board dismissed the tenants' bad faith eviction application as the landlord proved a genuine intention to occupy the rental unit.
Barnes v Aramakis and Douramakos
The Tenant's bad faith eviction application was dismissed because they failed to prove the Landlord's notice for personal use was given in bad faith.
The Tenants' application claiming bad faith eviction was dismissed as they failed to prove the Landlord's family member did not move in within a reasonable time.
The Tenants' application for bad faith eviction was dismissed as the evidence demonstrated the Landlords' daughter moved into the unit as intended.
The Tenant's application for bad faith eviction was dismissed as the Landlord successfully proved a change in personal circumstances necessitated re-renting the unit.
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