When Co‑operatives file an eviction application with the Landlord and Tenant Board (the LTB) – typically over unpaid or repeated late payment of housing charges – the hearings process typically starts with a Case Management Hearing (CMH). While many Boards brace for a full tv show drama showdown, a CMH offers a quiet and less informal path forward. Here’s why Co‑operative’s often find it’s a better route forward to resolve issues and keep costs lower.

It’s Not About Confrontation, but Negotiation

A CMH brings three parties together – the Co‑operative, the Member and a Dispute Resolution Officer. What’s the goal? To explore repayment plan options or other terms that allow the member to remain in their unit.  Unlike merits hearings where evidence is presented, witnesses are cross examined and final ruling is made, the CMH develops in a mediation style conversation. If a settlement is reached, it becomes a consent order, which means that the member keeps their home if they follow through with the agreement and the Co‑operative has an enforceable path to eviction should the member breach it.

Settling Early Could Have Big Wins

Settlement at the CMH has its advantages, including:

• No need to attend a merits hearing means lower legal fees
• There are repercussions for the member if they fail to abide by the order.
• The Co‑operative is in control of the outcome of the order, whereas, an adjudicator determines the outcome of the order at a merits hearing.

A CMH isn’t just a procedural step, it’s a  strategic opportunity. It keeps housing secured, protects the Co‑operatives interests and avoids time, expense and unpredictability of attending a merits hearing.

If you’re a Co‑operative and require assistance with navigating the Landlord and Tenant Board, we welcome you to reach out to us.

Filed in: Co-operative Law, Housing