Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$21,348
to Tenants
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Citation: Soloway v Macdougall, 2024 ONLTB 86617
File Number: LTB-T-059469-23
Tenancy End Date
Jul 2022
Application Date
Sep 2023
Hearing Date
Nov 2024
Order Date
Dec 6, 2024
The Landlord served the Tenants with an N12 notice claiming they required the rental unit for their own use, and the Tenants vacated as a result. However, the evidence showed the Landlord advertised and showed the rental unit while the Tenants were still residing there, indicating the Landlord did not move into the unit. The Landlord failed to attend the hearing and rebut the presumption of bad faith. As a result, the Landlord must pay the Tenants $21,348 for increased rent, moving expenses, and general compensation, as well as a $35,000 administrative fine to the LTB.
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with an N12 notice claiming they required the rental unit for their own use, and the Tenants vacated as a result. However, the evidence showed the Landlord advertised and showed the rental unit while the Tenants were still residing there, indicating the Landlord did not move into the unit.
Landlord advertised and showed the rental unit while the Tenants were still residing there.
Tenants vacated the rental unit on July 30, 2022 as a result of the N12 notice.
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Application Fee
$48
Administrative Fine Payable to LTB
$35,000
Ordered Amount
$21,348 (to Tenants)
Fine Payable By: Landlord
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