We are now aware of 26 co‑op eviction decisions released by the LTB.  Of those, we know that 17 settled at the Case Management Hearing stage.  Case Management Hearings are conducted primarily in person, but also by telephone on occasion.  Our experience at Case Management Hearings has been a positive one – the parties have come prepared to agree to repayment terms with an understanding of the consequences to co‑op members who default.   Unfortunately, across the province the LTB has reported that two of the settlements  have failed; in those cases, co‑op members who have agreed to settlements did not fulfil their terms and have been evicted as a result.     But as far as we know the remaining 15 settlements are in place and working to keep co-op members back on track with payments.

Among those 26 decisions, we have read two in which evictions were not granted.  The first was in  TEC 00003 14 SA. In this case, there were two members in the unit– a mother and an adult son who had become a member of the co‑op ‑ and three non‑member children.  The mother gave notice that she would vacate the unit by a specified date, which was then extended with the consent of the Co‑op board.   The unit was not vacated on the extended date, and accordingly the co‑op filed a C3 with the LTB for an eviction order.  The order was initially granted but then the co‑op members filed a motion to set aside the order.

In the set aside decision, the LTB Member ruled that the co‑op mother could not relinquish membership and occupancy rights on behalf of her son – also a member ‑  without him giving written consent.  There was no such consent.  In his decision to refuse the eviction, Member Sangmuah also considered what was in the best interests of the other children and whether the Co‑op had found new occupants for the unit.

This decisions should serve as a caution to us all that the LTB decision‑makers are concerned with issues of fairness as set out in section 94.12 of the Residential Tenancies Act  which allows them to “refuse to grant the [eviction] application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse”.

Stay tuned for the details of the second decision where eviction was not granted.

Filed in: Co-operative Law, Housing

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