Spakowski v Hogan
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Spakowski v Hogan, LTB-L-101293-25, 2026 ONLTB 27841
File Number: LTB-L-101293-25
Timeline
Hearing Date
Mar 2026
Order Date
May 25, 2026
Tenancy End Date
Jun 2026
Decision
The application to terminate the tenancy for personal use is granted. The damage claim is dismissed. The Tenant is ordered to vacate by June 5, 2026 and pay the Landlord $7,004.58 in compensation.
Reason for Eviction Relief
The Purchaser established hardship in being unable to occupy the unit.
Dispute
Landlord applied to terminate the tenancy for personal use by the purchaser and for damage to the rental unit. The Tenant contested the validity of the N12 notice and the damage claim.
Determinations
- The N12 notice is valid as it substantially complied with the Act and did not prejudice the Tenant.
- The Purchaser in good faith requires the unit for residential occupation.
- The Landlord failed to prove the damage claim was undue or wilful/negligent.
- Relief from eviction was denied due to the hardship of the Purchaser.
Landlord's Arguments
Arguments
Landlord argued the purchaser requires the unit for good-faith occupation.
Actions and Evidence
Landlord claimed Tenant damaged the door and wall; provided an estimate for door replacement.
Considerations
Tenant's Arguments
Arguments
Tenant argued the N12 notice was defective due to a date error and insufficient notice time.
Actions and Evidence
Tenant alleged the door was inherently problematic and repaired it himself.
Considerations
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