Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$32,570
to Tenant
Agree with the ruling?
Citation: Gusain v. Arnold, 2023 ONSC 3765
File Number: 151/22
Hearing Date
Jun 2023
Order Date
Jun 28, 2023
The Divisional Court dismissed Landlords' appeal of the Landlord and Tenant Board's decisions. The court found no breach of procedural fairness or legal errors in the Board's rulings, which had found that Landlords terminated Tenants' tenancy in bad faith and awarded compensation to Tenants.
Tenants applied to the Landlord and Tenant Board alleging that Landlords terminated their tenancy in bad faith. The Board ruled in favor of Tenants, awarding compensation. Landlords appealed the Board's decisions to the Divisional Court, arguing procedural fairness issues and legal errors.
Landlords argued that they were denied procedural fairness in the Board's proceedings due to confusion caused by receiving two notices of hearing for different dates.
Landlords served Tenants with a notice of termination (Form N12) on May 1, 2021, claiming they had entered into an agreement of purchase and sale for the rental unit.
Landlords failed to attend the initial T5 application hearing and did not contact the Board for clarification regarding the two hearing notices they received.
Landlords provided notice of termination claiming they had entered into an agreement of purchase and sale for the rental unit, when in fact they had not.
Tenants argued that Landlords had given notice of termination in bad faith, as the rental unit had not been listed for sale until after Tenants had moved out.
Tenants moved out of the rental unit on May 15, 2021, in response to Landlords' notice of termination.
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Other Amount
$32,570
Compensation awarded to Tenants for bad faith eviction
Ordered Amount
$32,570 (to Tenant)
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