Bad Faith Eviction: O'Rourke v Sjaarda 2024 LTB Case
Tenant wins $5053 compensation after purchaser's bad faith N12 eviction notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 85 Front Rd, Egmondville, ON N0K1G0
Decision in favor of
tenant
Balance Owed to Tenant
$5,053
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2022
Hearing Date
May 2024
Order Date
Aug 29, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith, alleging that the Purchaser did not move into the rental unit after issuing an N12 notice.
Determinations
- N12 notice was issued with Purchaser's knowledge
- Tenant vacated unit on June 30, 2022
- No one moved into unit before listing for rent
- Purchaser did not attend hearing to refute allegations
Case Study
The Board reviewed the intention of the parties before, during, and after the issuance of the N12 notice, focusing on the good faith requirement of the purchaser.
Arguments and Actions
Tenant
Arguments
Tenant argued that no one moved into the unit after being issued an N12 notice, and requested compensation for extra commute time.
Actions
Tenant vacated unit on June 30, 2022, and was forced to move 1 hour away from work, resulting in additional commute time.
Decision Summary
Purchaser must pay Tenant $5,053.00 by September 9, 2024, for bad faith eviction, including $5,000 for general compensation and $53 application fee.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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Financial Details
Application Fee
$53
Other Owed Amount
$5,000
General compensation for extra commute time
Total Owing
$5,053 (Owed to Tenant)
Source
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