Tate v Brazier
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Tate v Brazier, LTB-T-081424-25, 2026 ONLTB 41588
File Number: LTB-T-081424-25
Timeline
Hearing Date
May 2026
Order Date
May 26, 2026
Decision
The Tenants' application for bad faith eviction was dismissed as the Landlord proved they moved into the unit after the Tenants vacated.
Dispute
Tenants alleged the Landlord acted in bad faith by not occupying the unit after issuing an N12 notice for personal use.
Determinations
- The Tenants failed to prove the Landlord acted in bad faith on a balance of probabilities.
- The Landlord established they moved into the unit within a reasonable time.
Landlord's Arguments
Actions and Evidence
Landlord testified that he occupied the unit immediately, performed renovations, and that external observations were made while he was at work.
Considerations
Tenant's Arguments
Actions and Evidence
Tenant 1 testified regarding the lack of apparent occupancy at the unit and alleged financial hardship.
Considerations
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