Tymstra v Wright
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Tymstra v Wright, LTB-T-045059-25
File Number: LTB-T-045059-25
Timeline
Hearing Date
Mar 2026
Order Date
Mar 20, 2026
Decision
The application is dismissed because the Tenant failed to provide sufficient evidence that the Landlord acted in bad faith, while the Landlord provided credible evidence of personal occupation.
Dispute
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenant alleged the Landlord did not move into the unit and instead permitted another person to occupy it.
Determinations
- The Tenant failed to prove on a balance of probabilities that the Landlord served the N12 notice in bad faith or failed to occupy the unit.
- The Landlord provided consistent testimony and supporting documentation, including moving invoices and address changes, confirming personal occupation.
Landlord's Arguments
Actions and Evidence
The Landlord testified she moved into the unit to reduce personal expenses after retiring. She provided moving invoices, a driver's license, insurance, and banking statements showing her address as the rental unit.
Considerations
Tenant's Arguments
Actions and Evidence
The Tenant testified she believed a lady she saw outside the rental unit was living in her old unit, but could not recall what the lady told her. She also noted the Landlord installed a ring camera, which the Landlord explained was for security due to local break-ins.
Considerations
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