Foreseeable Event (Bad Faith)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2278
Page Categories:
Citation:	Foreseeable Event (Bad Faith), CLNP 2278, <>, retrieved on 2024-11-23
Editor:	MKent
Last Updated:	2023/09/20

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Kotsiaftis v. Ali et al, 2022 ONLTB HOT-12934-22

12. Ms. Ali submits that he she broke up with her ex-fiancé in May 2021, after the Tenant vacated because of the notice of termination. I do not find this to be the case.

13. Ms. Ali’s own testimony was ex-fiancée had a history of aggressive behaviour. According to Ms. Ali this became apparent sometime in late 2020. Ms. Ali testified that she had to refrain her ex-fiancé from committing assault On January 03, 2021, prior to the engagement Ms. Ali had a nightmare that her ex-fiancé was charged with assault. This suggests there was problems with the relationship prior to the notice of termination being given.

14. In many cases, the Board has found that an unforeseen change in circumstances that results in the person listed in the notice of termination unable to occupy the rental unit does not constitute bad faith. However, in the present case before the Board I do not find the breakdown in Ms. Ali’s relationship to be an unforeseen circumstance that would rebut the presumption of bad faith set out in s.57(5) if the Act.

15. Not surprisingly, the relationship continued to break down. The Board was provided a text message between Ms. Ali and her ex-fiancé on February 21, 2021. In the text messages it is apparent that the relationship and her ex-fiancé had deteriorated. Further text messages, on March 03, 2021, suggest the relationship was over. This matters because several Board cases including TST-87742-17, TST-87559-17, and CET-67272-17, extend the Landlords’ obligation to act in good faith beyond the time the notice of termination is served. Even though the relationship with her ex-fiancé was over, still enforced the notice of termination on the Tenant. I find this to be an indication of the Landlord’s bad faith with respect to the notice of termination.