Wice v Fimis
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Wice v Fimis, LTB-T-021560-24, 2026 ONLTB 364
File Number: LTB-T-021560-24
Timeline
Hearing Date
Dec 2025
Order Date
Jan 9, 2026
Decision
The Tenants' application alleging bad faith eviction is dismissed as they did not provide evidence sufficient to rebut the Landlord's claim that the unit was occupied by their child.
Dispute
The Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenants alleged the unit remained vacant after they vacated. The Landlord's agent testified he moved into the unit with his wife shortly after the Tenants vacated. The adjudicator found the Tenants failed to provide sufficient evidence to support their claim.
Determinations
- The Tenants did not prove the allegations of bad faith on a balance of probabilities.
- The application is dismissed.
Landlord's Arguments
Arguments
The Landlord asserted the unit was occupied by their child and spouse within a reasonable time, fulfilling the requirements of the N12 notice.
Actions and Evidence
The Landlord's agent testified that he and his wife moved into the rental unit in April 2024.
Considerations
Tenant's Arguments
Arguments
The Tenants argued the N12 notice was served in bad faith because the unit remained vacant after they vacated.
Actions and Evidence
The Tenants presented photos of the unit windows and deck taken over several months, claiming these indicated the unit was vacant.
Considerations
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