Gimenez-Dixon v Neuman
Last updated: February 7, 2026
Order
Ordered by Elena Jacob,Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Gimenez-Dixon v Neuman, 2025 ONLTB 70882
File Number: LTB-T-034216-24
Timeline
Tenancy End Date
Jul 2023
Hearing Date
Aug 2025
Order Date
Sep 17, 2025
Decision
The Landlord is ordered to pay the Tenants $21,240.15, which includes $20,000.00 in general compensation for a bad faith eviction, $1,912.15 for moving and storage expenses, and the application filing fee. The Board found the Landlord acted in bad faith by listing the property for sale shortly after evicting the tenants and submitting fraudulent evidence during the hearing.
Dispute
Tenants filed an application alleging the Landlord served an N12 notice for personal use in bad faith. The Tenants vacated the unit in July 2023, and the Landlord listed the property for sale in March 2024, less than a year later. The Landlord provided documents to support the son's move-in and renovations, which were found to be fraudulent. The Landlord was also caught coaching the witness during a hearing break.
Determinations
- Landlord served N12 notice in bad faith
- Tenants vacated as a result of the N12 notice
- Property was listed for sale within 8 months of Tenants vacating, engaging a presumption of bad faith
- Landlord provided fraudulent documentary evidence to the Board
- Landlord attempted to coach the witness during the hearing break
- Tenants suffered stress and financial loss due to relocation to a less safe/smaller unit with higher rent
Landlord's Arguments
Arguments
The Landlord argued that the son moved in and performed renovations, thereby fulfilling the requirements of the N12 notice.
Actions and Evidence
The Landlord claimed her son needed the unit due to job loss and mental health issues. She provided receipts for van rentals and an employment letter from Tim Hortons to support her claim.
Considerations
Submitting fraudulent receipts, providing a fake employment letter, coaching witness during hearing break.
Tenant's Arguments
Arguments
The Tenants argued that the N12 was served in bad faith because the Landlord always intended to sell the property, as evidenced by the quick listing after they vacated.
Actions and Evidence
The Tenants established that the Landlord listed the home for sale in March 2024, triggering the rebuttable presumption of bad faith. They effectively challenged the Landlord's evidence by providing screenshots from Home Depot's website and Indeed to prove the Landlord's documents were fraudulent.
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