Séguin v Baron
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Séguin v Baron, 2026 ONLTB 32482, LTB-L-011488-25
File Number: LTB-L-011488-25
Timeline
Hearing Date
Sep 2025
Order Date
Jun 9, 2026
Decision
The Landlords' application for termination and eviction based on an N13 notice for non-residential conversion was dismissed because the Landlords failed to demonstrate good faith, as the evidence showed the eviction was intended to avoid expensive septic repairs rather than effect a genuine conversion. The Board also declined to order the return of the compensation paid to the Tenant.
Dispute
Landlords applied to terminate the tenancy and evict the Tenant for conversion of the rental unit to a non-residential use due to septic system issues. The Board dismissed the application, finding that the Landlords did not prove a good-faith intention to convert the unit to non-residential use and were instead attempting to avoid statutory maintenance obligations.
Determinations
- The Landlords failed to establish on a balance of probabilities that they intend in good faith to convert the rental unit to a non-residential use.
- The application to terminate the tenancy and evict the Tenant is dismissed.
- The Board declines to exercise discretion under s. 73.1(1) of the Act to order the Tenant to return compensation paid.
Landlord's Arguments
Arguments
The Landlords argued that they required possession in good faith to convert the rental unit to non-residential use because replacing the septic system was economically unviable.
Actions and Evidence
The Landlords claimed that due to failing septic systems and high costs imposed by the Ministry of the Environment to install a communal system, they decided to convert the lot to non-residential use and issued an N13 notice.
Considerations
Failure to maintain septic systemsAttempting to use N13 notice to evade statutory maintenance obligations
Tenant's Arguments
Arguments
The Tenant argued that the Landlords did not act in good faith, that the eviction notice was served to avoid statutory obligations to maintain sewage systems under section 161 of the Act, and that partial conversion of a mobile home park does not constitute a valid change of use under section 50.
Actions and Evidence
The Tenant purchased their mobile home in 2009, paid off the mobile home park water system improvements over a 10-year period, and opposed the eviction notice as lacking good faith and brought shortly after completing the water system payments.
Considerations
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