Richardson v Gabriele
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Richardson v Gabriele, LTB-T-044783-25
File Number: LTB-T-044783-25
Timeline
Hearing Date
Mar 2026
Order Date
May 5, 2026
Decision
The Tenant's application for bad faith eviction is dismissed due to a lack of probative evidence. The Board determined the Tenant's arguments were speculative and insufficient to meet the legal threshold.
Dispute
Tenant alleged that Landlord issued an N12 notice for own use in bad faith, claiming the unit was not occupied by the Landlord and that construction/redevelopment was evidence of bad faith. Landlord brought a motion to dismiss for lack of evidence.
Determinations
- The Tenant failed to meet the burden of proof required under section 57 of the Act.
- The Landlord's motion to dismiss the application is granted.
Landlord's Arguments
Arguments
Landlord moved to dismiss the application based on insufficient evidence and an existing LTB decision confirming the validity of the N12 notice.
Actions and Evidence
Landlord maintained that the unit was for personal use and that construction activity does not negate residential occupancy.
Considerations
Tenant's Arguments
Arguments
Tenant argued that the building permit suggested an intent to generate income rather than personal use, and that they vacated based on a previous order.
Actions and Evidence
Tenant observed the property from the exterior, noted construction activity and building permits, and claimed neighbours suggested the Landlord did not live there.
Considerations
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The Landlord successfully defended against a tenant's claim of bad faith eviction as the Tenant failed to provide sufficient evidence that the Landlord did not reside in the unit.
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The Landlord successfully defended against a tenant's claim of bad faith eviction as the Tenant failed to provide sufficient evidence that the Landlord did not reside in the unit.
The Tenant's application for bad faith eviction was dismissed as it was filed beyond the one-year limitation period permitted by the Residential Tenancies Act.
The Tenant's application alleging bad faith eviction was dismissed as the Landlord provided sufficient evidence of occupancy.
The Tenant's application for bad faith eviction was dismissed as the LTB found the Landlord's daughter occupied the rental unit in good faith.
The Landlord successfully defended against a tenant's claim of bad faith eviction as the Tenant failed to provide sufficient evidence that the Landlord did not reside in the unit.
The Tenant's application for bad faith eviction was dismissed as it was filed beyond the one-year limitation period permitted by the Residential Tenancies Act.
The Tenant's application alleging bad faith eviction was dismissed as the Landlord provided sufficient evidence of occupancy.
The Tenant's application for bad faith eviction was dismissed as the LTB found the Landlord's daughter occupied the rental unit in good faith.
The Tenant's application for bad faith eviction was dismissed because they failed to prove the Landlord acted in bad faith when the intended occupant could not move in due to health and academic reasons.
A landlord successfully defended a bad faith eviction claim by proving a change in personal circumstances, leading to the dismissal of the tenants' application.
FERDOWSI v TONKONOG
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