Zhang v Al-Ghazzaoui
Last updated: August 9, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Zhang v Al-Ghazzaoui, LTB-L-092214-25
File Number: LTB-L-092214-25
Timeline
Hearing Date
Jan 2026
Order Date
Feb 3, 2026
Decision
The Landlord's application to terminate the tenancy for purchaser's own use is dismissed due to a lack of sufficient, reliable evidence regarding the purchaser's good faith intention, specifically noting the absence of the purchaser as a witness.
Dispute
The Landlord applied to terminate the tenancy for personal use by a purchaser. The application was dismissed because the Landlord failed to provide reliable evidence of the purchaser's good faith intention to occupy the unit.
Determinations
- The Landlord's application is dismissed.
- The Tenant shall pay to the Landlord the compensation of $3822.96 previously provided.
Landlord's Arguments
Arguments
The Landlord argued that the declaration from the purchaser should be sufficient evidence and that the Tenant could have summonsed the purchaser if they wished to challenge it.
Actions and Evidence
The Landlord submitted an agreement of purchase and sale and a declaration from the purchaser but failed to ensure the purchaser attended the hearing.
Procedural Errors
The Landlord failed to properly disclose a previous N12 notice as required by s. 71.1(3) and failed to produce the purchaser as a witness.
Considerations
Tenant's Arguments
Arguments
The Tenant argued that the N12 notice was served in bad faith because the purchaser is out of the country, and that the Landlord's failure to present the purchaser for cross-examination rendered the declaration unreliable.
Actions and Evidence
The Tenant challenged the good faith of the purchaser's intent to occupy the unit.
Considerations
Similar Cases
Click to switch between order outcomes
The LTB terminated the tenancy for purchaser's own use under section 69 of the Act, granting a brief postponement of eviction under section 83.
McKenna v Keelan-Bishop
An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
The LTB denied the tenant's review request, confirming the original termination order issued for the landlord's personal use.
Chen v Alshehadat
The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
The LTB terminated the tenancy for purchaser's own use under section 69 of the Act, granting a brief postponement of eviction under section 83.
McKenna v Keelan-Bishop
An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
The LTB denied the tenant's review request, confirming the original termination order issued for the landlord's personal use.
Chen v Alshehadat
The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
The LTB terminated the tenancy for purchaser's own use under section 69 of the Act, granting a brief postponement of eviction under section 83.
McKenna v Keelan-Bishop
An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
The LTB denied the tenant's review request, confirming the original termination order issued for the landlord's personal use.
Chen v Alshehadat
The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
The LTB terminated the tenancy for purchaser's own use under section 69 of the Act, granting a brief postponement of eviction under section 83.
McKenna v Keelan-Bishop
An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
The LTB denied the tenant's review request, confirming the original termination order issued for the landlord's personal use.
Chen v Alshehadat
The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
Gupta v Karda
The LTB ordered the Tenant to pay for property damage repair costs and application fees after determining the Tenant caused undue damage, while dismissing the eviction claim as moot since the Tenant had already vacated.
The Landlord and Tenant Board denied the Tenant's review request of a personal use eviction order, confirming the original order and holding that review requests cannot be used to seek further relief from eviction.
Akbari v Bittorf
The Landlord's personal use eviction application was granted, but the eviction was postponed to the end of the year due to the Tenant's exceptional personal and health circumstances.
231 Bay (Hamilton) GP Inc. v Hollick
The LTB granted an eviction order for demolition under section 69 of the RTA, dismissing the tenant's claims regarding permits, compensation unit counts, and bad faith, while postponing eviction to October 31, 2026.
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