Naming Purchaser (Bad Faith)

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Revision as of 00:24, 28 March 2024 by MKent (talk | contribs) (Created page with "Category:Personal Use Application (LTB) {{Citation: | categories = Personal Use Application (LTB) | shortlink = }} ==<i>Elkins v. Van Wissen,</i> 2023 ONCA 789 (CanLII)<ref name="Elkins">== [55] Section 49(1) empowers the landlord to give the tenant a termination notice “on behalf of the purchaser…if the purchaser in good faith requires possession” of the rental unit “for the purposes of residential occupation”. Accordingly, an unlawful eviction u...")
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Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-11-23
CLNP Page ID: 2361
Page Categories: Personal Use Application (LTB)
Citation: Naming Purchaser (Bad Faith), CLNP 2361, <>, retrieved on 2024-11-23
Editor: MKent
Last Updated: 2024/03/28

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==Elkins v. Van Wissen, 2023 ONCA 789 (CanLII)Cite error: Closing </ref> missing for <ref> tag [1]

Wojcik v Pinpoint Properties Ltd., 2016 ONSC 3116 (CanLII)[2]

[4] In this case, it is clear that the Board found that the appellants caused the former landlord to give the respondent tenant a notice saying that they require the premises for their own use when this was clearly untrue. Furthermore, the Board found and it is uncontested, that once the appellants received vacant possession of the property they proceeded to rent it for more money than the respondent tenant had been paying. This conduct is conduct that is infused with some element of deceit, prompted by some interested motive which, as the appellants point out, is a necessary condition for a finding of bad faith.

[8] For these reasons, the appeal is dismissed.

[2]

References

  1. ↑ TST-42753-13-RV (Re), 2014 CanLII 28557 (ON LTB), <https://canlii.ca/t/g75ck>, retrieved on 2024-03-27
  2. ↑ 2.0 2.1 Wojcik v Pinpoint Properties Ltd., 2016 ONSC 3116 (CanLII), <https://canlii.ca/t/grpdh>, retrieved on 2024-03-27
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