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RTA - Personal and Purchaser Possession (3)

. Reid v. Shewen

In Reid v. Shewen (Ont Div Ct, 2025) the Ontario Divisional Court dismissed an RTA s.210 landord's appeal, this from "the Review Decision of the Landlord and Tenant Board (“LTB”), ... that declined to grant a review", here where the decision "found that that Appellant gave the Respondent/tenant a N12 [SS: 'Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit'] notice, that she required the unit for her own use, in bad faith and ordered the Appellant to pay the Respondent $35,000, which included $24,000 in general compensation".

The tenant vacated the unit on the strength of the Notice of Termination, and - on learning that it was issued in bad faith - applied successfully to the LTB [under RTA 57(3)] for bad faith remedies:
[12] The Appellant was ordered to pay $35,000 in compensation to the Respondent broken down as follows:
. $5,832.00 for increased rent the Tenant has incurred for the one-year period from April 2022 to April 2023.

. $1,000.00 for the reasonable moving, storage, and other like expenses that the Tenant has incurred as a result of having to move out of the rental unit.

. $24,000.00 in general compensation

. $4,186.00 for cost of additional time and travel to and from work

. $53.00 for the cost of filing the application.





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Last modified: 17-07-25
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