Freeman v Stolarczyk
Last updated: October 12, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
PDF provided by the Ontario LTB Order Catalogue
Citation: Freeman v Stolarczyk, 2026 ONLTB 51485
File Number: LTB-T-086580-23
Timeline
Hearing Date
May 2026
Order Date
Jul 24, 2026
Decision
The Tenant's application alleging bad faith eviction under section 57 of the Residential Tenancies Act, 2006 was dismissed because the Tenant failed to prove on a balance of probabilities that the Landlords' child did not occupy the rental unit within a reasonable time or that the notice was given in bad faith.
Dispute
The Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith.
Determinations
- The Tenant did not prove the allegations contained in the application on a balance of probabilities.
- The application is dismissed.
Landlord's Arguments
Arguments
The Landlords argued that the rental unit was occupied by their child as required by the N12 notice.
Actions and Evidence
The Landlords' son testified that he moved into the rental unit in January 2023 to commute to a post-secondary program, provided receipts for furnishings, and explained vehicle registration and other occupants.
Considerations
Tenant's Arguments
Arguments
The Tenant argued that the Landlords' child did not move into the rental unit and that the N12 notice was issued in bad faith.
Actions and Evidence
The Tenant vacated the rental unit and later filed a bad faith application, relying on indirect evidence, text messages from another tenant, and vehicle registration searches.
Considerations
Similar Cases
Click to switch between order outcomes
The Landlord and Tenant Board denied a tenant's request to review an order that dismissed her bad faith eviction application.
Irambona v THE TN 2020 FAMILY TRUST
The Landlord and Tenant Board dismissed the Tenant's bad faith eviction application after the Tenant failed to serve the notice of hearing on the Landlord as ordered.
Irambona v THE TN 2020 FAMILY TRUST
The Tenant's bad faith eviction application was dismissed due to failure to serve the Landlord with the Notice of Hearing and failure to file a certificate of service.
The LTB dismissed a tenant's review request, confirming the original order that rejected a bad faith eviction claim based on text message communications.
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Irambona v THE TN 2020 FAMILY TRUST
The Landlord and Tenant Board dismissed the Tenant's bad faith eviction application after the Tenant failed to serve the notice of hearing on the Landlord as ordered.
Irambona v THE TN 2020 FAMILY TRUST
The Tenant's bad faith eviction application was dismissed due to failure to serve the Landlord with the Notice of Hearing and failure to file a certificate of service.
The LTB dismissed a tenant's review request, confirming the original order that rejected a bad faith eviction claim based on text message communications.
The Landlord and Tenant Board denied a tenant's request to review an order that dismissed her bad faith eviction application.
Irambona v THE TN 2020 FAMILY TRUST
The Landlord and Tenant Board dismissed the Tenant's bad faith eviction application after the Tenant failed to serve the notice of hearing on the Landlord as ordered.
Irambona v THE TN 2020 FAMILY TRUST
The Tenant's bad faith eviction application was dismissed due to failure to serve the Landlord with the Notice of Hearing and failure to file a certificate of service.
The LTB dismissed a tenant's review request, confirming the original order that rejected a bad faith eviction claim based on text message communications.
The Landlord and Tenant Board denied a tenant's request to review an order that dismissed her bad faith eviction application.
Irambona v THE TN 2020 FAMILY TRUST
The Landlord and Tenant Board dismissed the Tenant's bad faith eviction application after the Tenant failed to serve the notice of hearing on the Landlord as ordered.
Irambona v THE TN 2020 FAMILY TRUST
The Tenant's bad faith eviction application was dismissed due to failure to serve the Landlord with the Notice of Hearing and failure to file a certificate of service.
The LTB dismissed a tenant's review request, confirming the original order that rejected a bad faith eviction claim based on text message communications.
Khan v Haque and Begum
The Tenant's T1, T2, T5, and T6 applications were dismissed as statute-barred because they were filed years after the tenancy had ended, well beyond the one-year limitation period under the Residential Tenancies Act, 2006.
Beamish and Kaarsemaker v Duncan
Tenant-initiated applications regarding maintenance, harassment, and illegal entry were dismissed as withdrawn upon the Tenants' request.
Beamish v Duncan
The tenants' applications regarding maintenance, tenant rights, and bad faith eviction were dismissed as withdrawn upon the tenants' request at the hearing.
An LTB order dismissed a tenant's bad faith eviction application after finding that the purchaser occupied the unit in good faith following the termination of the tenancy.
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