Victory-in-defending-against-a-bad-faith-n12-eviction

Victory in Defending Against a Bad Faith N12 Eviction

File Number: LTB-L-065750-24

Location: Caledonia, Ontario

Client: Tenants Owen Evelegh and Alisha Spykerman

Paralegal Representative: Jolanta Chrz?szcz, JC Paralegal Services Issue:

Actions Taken:

Raised a preliminary motion to combine hearings due to overlap with another tenant’s T5 application—demonstrating strategy and foresight.

Challenged the landlord's credibility by exposing contradictions between the N12 notice and the listing history.

Cited key case law (e.g., Fava v. Harrison, Feeney v. Noble) to support that intent must be genuine, not merely claimed.

Outcome

The Landlord and Tenant Board found the landlord failed to prove good faith, noting that the listing of the property at the time the N12 was served contradicted his stated intent.

• Application dismissed.
• Tenants remained in the unit without disruption.

Impact:

This win protected the tenants from a potentially unlawful eviction and reinforced the importance of scrutinizing landlord motives in N12 applications.