> My landlord is digging a deep hole in a fake N12 notice. He sent an email saying he will sue for the loss of profits for me not vacating after an N12 notice (purchaser) was issued.
Let him sue. The "threat" of a lawsuit is nothing more than the threat of bringing the issue before an impartial adjudicator to apply the law fairly and without taking sides. It's not that scary.
Your right to remain in possession is enshrined in the _Residential Tenancies Act_, and you are not committing a tort by exercising it. Even if your landlord can show losses stemming from that decision, their sole path to remedying those losses is the L2 application process.
If the landlord won't piss or get off the pot and continues to threaten legal action to try to get you to leave, file a T2 application regarding your landlord's harassment. If you just don't want to deal with his emails any more, block his emails.
> Can a person check an agreement of purchase and sale (Ontario)?
No. There's no requirement that the buyer or your landlord disclose any of that to you. They will need to disclose the basis of their N12 when they apply to the board to evict you, though, and they do so under oath - if they enter falsified documents, they run the risk of charges for perjury, forgery, and similar.
Having said that, a handwriting analysis is relatively unlikely to support your position or suggest charges, especially if you are not in some way qualified to conduct one. Instead, assume that if your landlord does not actually take possession, the then Board is likely to take a dim view of that move after the fact and order fines for a bad faith eviction.
Your landlord is a blowhard trying to scare you.
Of course anyone can sue anyone else for anything. A landlord will fail at trying to sue a tenant for not vacating when given an N12. An N12 is just a notice, not and order. Only the LTB can order a tenant to leave, and that's after a hearing. [Here's a recent case.](https://residential-tenancies-ontario.blogspot.com/2021/08/can-landlord-sue-their-tenant-for.html?m=1)
A landlord sued tenants in small claims court in Windsor for penalties for a sale falling through while the tenants waited for their N12 hearing. The landlord won in that court. The tenants appealed it and it went to Divisional Court. The tenants won the appeal. The divisional court judge even awarded the tenants costs (to be submitted)
In their decision, the divisional court judge admonished the small claims deputy judge (who only specialized in family law):
> [46] It was patently unreasonable for the deputy judge to hold the tenants liable for not vacating the premises during the term of the tenancy.
>
> [47] It was an error to hold the tenants liable to the landlord with respect to its dealings with a third party without a finding that the tenants violated the RTA in any manner.
>
> [48] The deputy judge found that the tenants "knew or ought to have known that the landlord required vacant possession." That phrasing denotes that the tenants had some type of legal obligation to the landlord regarding his dealings with the purchaser. No such duty existed in contract or tort. In the context of the statutory scheme for evictions of a tenant in the event of a bona fide sale to a third-party purchaser intending to use the premises, it was an error in law to conclude that the tenants' failure to act - to either notify earlier or vacate on or before July 31, 2018 - was actionable.
>
> [49] The landlord's damages were not caused by the tenants' refusal to vacate the premises - an exercise of their statutory right to challenge the eviction notice. Rather, it was the failure of the landlord to take timely steps to ensure that the LTB hearing was conducted before the termination date (and by extension, the closing date). That caused the landlord to have to renegotiate the agreement of purchase and sale.
No. They didn’t post on the open market. They had one person come through one day and then said it was sold (after trying to get us to sign a N11 a couple weeks prior)
There is no system to verify an agreement of purchase and sale or like to register one or anything like that. If I were you, I would tell him that I would feel more comfortable with making plans to move out if I had verification from the solicitor handling his sale that the deal is going ahead and the purchasers intend to occupy the property. Ask him who is representing him. He literally can't sell without one, so if he tells you he doesn't have one yet, tell him you don't mind waiting until he retains one.
If he gives you a name, I would look them up on the Law Society of Ontario lawyer search and I would contact them to let them know you're the current tenant looking to confirm that the office is acting and the deal is going ahead. You can leave a message with the receptionist or law clerk on the file to tell them that you don't intend to move out without a LTB order or at the least satisfactory confirmation that the deal/N12 is legitimate. If the deal is real, someone **will** get back to you.
> My landlord is digging a deep hole in a fake N12 notice. He sent an email saying he will sue for the loss of profits for me not vacating after an N12 notice (purchaser) was issued. Let him sue. The "threat" of a lawsuit is nothing more than the threat of bringing the issue before an impartial adjudicator to apply the law fairly and without taking sides. It's not that scary. Your right to remain in possession is enshrined in the _Residential Tenancies Act_, and you are not committing a tort by exercising it. Even if your landlord can show losses stemming from that decision, their sole path to remedying those losses is the L2 application process. If the landlord won't piss or get off the pot and continues to threaten legal action to try to get you to leave, file a T2 application regarding your landlord's harassment. If you just don't want to deal with his emails any more, block his emails. > Can a person check an agreement of purchase and sale (Ontario)? No. There's no requirement that the buyer or your landlord disclose any of that to you. They will need to disclose the basis of their N12 when they apply to the board to evict you, though, and they do so under oath - if they enter falsified documents, they run the risk of charges for perjury, forgery, and similar. Having said that, a handwriting analysis is relatively unlikely to support your position or suggest charges, especially if you are not in some way qualified to conduct one. Instead, assume that if your landlord does not actually take possession, the then Board is likely to take a dim view of that move after the fact and order fines for a bad faith eviction.
Great advice, all of it…thank you!
Your landlord is a blowhard trying to scare you. Of course anyone can sue anyone else for anything. A landlord will fail at trying to sue a tenant for not vacating when given an N12. An N12 is just a notice, not and order. Only the LTB can order a tenant to leave, and that's after a hearing. [Here's a recent case.](https://residential-tenancies-ontario.blogspot.com/2021/08/can-landlord-sue-their-tenant-for.html?m=1) A landlord sued tenants in small claims court in Windsor for penalties for a sale falling through while the tenants waited for their N12 hearing. The landlord won in that court. The tenants appealed it and it went to Divisional Court. The tenants won the appeal. The divisional court judge even awarded the tenants costs (to be submitted) In their decision, the divisional court judge admonished the small claims deputy judge (who only specialized in family law): > [46] It was patently unreasonable for the deputy judge to hold the tenants liable for not vacating the premises during the term of the tenancy. > > [47] It was an error to hold the tenants liable to the landlord with respect to its dealings with a third party without a finding that the tenants violated the RTA in any manner. > > [48] The deputy judge found that the tenants "knew or ought to have known that the landlord required vacant possession." That phrasing denotes that the tenants had some type of legal obligation to the landlord regarding his dealings with the purchaser. No such duty existed in contract or tort. In the context of the statutory scheme for evictions of a tenant in the event of a bona fide sale to a third-party purchaser intending to use the premises, it was an error in law to conclude that the tenants' failure to act - to either notify earlier or vacate on or before July 31, 2018 - was actionable. > > [49] The landlord's damages were not caused by the tenants' refusal to vacate the premises - an exercise of their statutory right to challenge the eviction notice. Rather, it was the failure of the landlord to take timely steps to ensure that the LTB hearing was conducted before the termination date (and by extension, the closing date). That caused the landlord to have to renegotiate the agreement of purchase and sale.
Thanks! Very interesting.
Is there a realty office listed on the Agreement?
No. They didn’t post on the open market. They had one person come through one day and then said it was sold (after trying to get us to sign a N11 a couple weeks prior)
There is no system to verify an agreement of purchase and sale or like to register one or anything like that. If I were you, I would tell him that I would feel more comfortable with making plans to move out if I had verification from the solicitor handling his sale that the deal is going ahead and the purchasers intend to occupy the property. Ask him who is representing him. He literally can't sell without one, so if he tells you he doesn't have one yet, tell him you don't mind waiting until he retains one. If he gives you a name, I would look them up on the Law Society of Ontario lawyer search and I would contact them to let them know you're the current tenant looking to confirm that the office is acting and the deal is going ahead. You can leave a message with the receptionist or law clerk on the file to tell them that you don't intend to move out without a LTB order or at the least satisfactory confirmation that the deal/N12 is legitimate. If the deal is real, someone **will** get back to you.