Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$18,959
to Tenant
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Citation: Mckay v Omitiran, 2025 ONLTB 8635
File Number: LTB-T-033450-23
Tenancy End Date
Oct 2022
Application Date
Jan 2023
Hearing Date
Jul 2024
Order Date
Jan 31, 2025
The Landlord must pay the Tenant $18,959.06, which includes $12,600 in general compensation, $5,400 for the increased rent the Tenant has incurred for one year, $911.06 for reasonable moving and other expenses, and $48 for the cost of filing the application. The Landlord shall pay the full amount by February 11, 2025, and if not, will owe interest at 5% annually on the outstanding balance.
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenant vacated the rental unit after being served an N12 notice, where the Landlord claimed he required vacant possession for the purpose of the residential occupation of his parent. However, the Tenant later discovered that the Landlord renovated and listed the multi-unit residential complex for sale shortly after the Tenant vacated.
Landlord renovated and listed the multi-unit residential complex for sale on March 17, 2023, and sold it on April 11, 2023, approximately 7 months after the Tenant vacated.
Tenant vacated the rental unit on October 1, 2022, after being served an N12 notice with a termination date of September 30, 2022.
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Application Fee
$48
Damages
$12,600
Other Amount
$5,400
Rent differential for one year
Ordered Amount
$18,959 (to Tenant)
Click to switch between order outcomes
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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