Keaney v Gunn
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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PDF provided by the Ontario LTB Order Catalogue
Citation: Keaney v Gunn, 2026 ONLTB 47900
File Number: LTB-T-031606-24
Timeline
Hearing Date
Nov 2024
Order Date
Jun 24, 2026
Decision
The Tenant's application for bad faith eviction is granted. The Landlord must pay the Tenants $11,693.04 in compensation, moving expenses, and filing fees.
Dispute
Tenants applied for compensation alleging the Landlord issued an N12 notice of termination in bad faith, as the intended occupant did not move in and the unit was re-rented.
Determinations
- The Landlord gave an N12 notice of termination under section 48 of the Act.
- The Tenants vacated the rental unit as a result of the N12 notice.
- The intended occupant did not occupy the rental unit within a reasonable time after the Tenants vacated.
- The Landlord failed to prove on a balance of probabilities that the N12 notice was served in good faith.
- The Tenants are entitled to compensation for increased rent and moving expenses.
Landlord's Arguments
Arguments
The Landlord argued that there was a genuine intention for her son to occupy the unit, and his failure to move in was due to an unforeseen change in circumstances after a violent assault.
Actions and Evidence
The Landlord issued an N12 notice for her son to move in, but after he was assaulted and changed his mind, she re-rented the unit and later moved in herself over a year later.
Considerations
Tenant's Arguments
Arguments
The Tenants argued that the Landlord served the N12 notice in bad faith because the intended occupant never moved in and the unit was re-rented.
Actions and Evidence
Tenant vacated the rental unit following an N12 notice, incurred moving expenses, and secured a new tenancy at a higher rent.
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.
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.
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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