The Landlord and Tenant Board has just issued its first co‑op eviction decision resulting from a full Merits Hearing.   The case was heard on October 17, 2014.  We attended with witnesses on behalf of our Co‑op client; the Co‑op member also attended.    The arrears in this case were large and resulted from the revocation by the Co‑op of a subsidy.    LTB Member, Sylvia Watson, heard evidence from both sides and ruled in favour of the Co‑op.    Significantly,  Member Watson agreed with the Co‑op that Section 203.1 of the Residential Tenancies Act (RTA) prevents the LTB from deciding or reviewing decisions about the eligibility for or the amount of subsidy.  She also relied on section 94.9 of the RTA which says that the LTB  “shall not inquire into or make any determination as to whether the member’s membership and occupancy rights were properly terminated under section 171.8 of the Co-operative Corporations Act.”  These are both important sections of the Act for co‑ops and co‑op members to keep in mind in this new world for co‑op evictions.    As noted in the order, the Co‑op member intends to appeal this eviction decision to Divisional Court.  Stay tuned here for the final outcome.

In September, the LTB also issued its first decision resulting from a “set aside motion”.    This too was a file for one of our clients.   In this case, the household affected by the first order of the LTB, an order that we previously blogged about, filed a motion with the LTB to set aside the original eviction decision.    The LTB agreed to hold a hearing on the issues.  Again, LTB Member, Watson heard the case.  She agreed with the Co‑op that the long term guest who was occupying the unit after the member left had no right to stay there.   She ordered an eviction, which is scheduled to take place in early November – faster than court, yes, but still unfortunately over four months from the date we filed the original application.

Stay tuned here for more information about two co‑op eviction applications that have been dismissed by the LTB for deficiencies [not ours!] and to hear about the results of Case Management Hearings.

Filed in: Co-operative Law

Tags: Co-op housing eviction reform, Evictions, Landlord and Tenant Board, LTB