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Case Study

LTB Order on Bad Faith Termination - Vanderpols v Syed

Detailed Analysis and Award in Vanderpols v Syed Case

🕑 Case timeline

Application Date: Date not provided

Hearing Date: August 24, 2023

Order Issued: November 7, 2023

Termination Date: July 1, 2021 to July 2, 2021

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-T-050013-22
Address: 10 NAUTICAL ROAD, BRANTFORD ON N3P1G6
Form Used: N12
Served By: Landlord
Amount Awarded: $9,634.60
Decision In Favor: Tenant
Application Type: Application for Determination of Bad Faith Notice of Termination
RTA Sections: Section 48, Section 57, Section 48.1

👥 Parties involved

Landlord: Azeem Syed
Landlord Rep: W. Hart
Tenant: Wendy Vanderpols, Jacob Vanderpols
Tenant Rep: K. Farrell
Adjudicator: Not specified
Keywords: bad faith, N12 notice, rent abatement, rent differential, general compensation, eviction

⚖️ Decision summary

Landlord's child did not move into the unit, unit was re-rented to others.
Landlord's actions confirmed the bad faith allegation.

⚠️ Dispute summary

Landlord served N12 notice claiming need for personal use by his child.
Tenants vacated and later contested the notice as served in bad faith.

📑 Findings & determinations

Landlord did not provide sufficient evidence to counteract the presumption of bad faith.
Landlord's submissions contained inadmissible evidence not considered by the adjudicator.

💡 Summary points

Tenants proved landlord served N12 notice in bad faith.
Landlord ordered to pay tenants $9,634.60.
No evidence landlord's child moved into the unit post-termination.
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