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Follow us on TwitterThe 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.
Olivia for Mayor
October 23rd, 2014 by Brian IlerI wholeheartedly support Olivia Chow for Mayor, and urge you to vote for her on Monday.
I’ve had the opportunity of working closely with Olivia for many years, and know how committed to social justice she is.
I also know how effective she can be.
She has earned our support.
John Tory is no progressive.
His refusal to be clear on his position on our waterfront is worrying
The Canada Not for Profit Corporations Act – have you transitioned yet?
October 22nd, 2014 by Celia ChandlerA representative of Industry Canada spoke at a charity law conference last week and reminded us that last Friday ‑ October 17, 2014 ‑ was the deadline to “continue” federal non‑profits under the new Canada Not‑for‑Profit Corporations Act. However, she also assured conference‑goers that dissolution is not automatic. Industry Canada will first clear the backlog of last minute continuance applications that it has received. Then it will begin the process of contacting those corporations which missed the deadline. She acknowledged that many of those who have not yet filed have very likely done so deliberately – as a way to dissolve dormant corporations without taking any active steps. Others will have missed the deadline by mistake and those will get 120 days’ written notice of dissolution. If you’re not sure if your organization has taken the steps it should have taken, you can check its status on Industry Canada’s website.
And as always, if you need help with the transition, give us a call!
AODA updates 2015 – will you comply?
October 14th, 2014 by Lauren BlumasSummer is over and 2015 is around the corner. As the calendar flips over into the New Year, most organizations will be subject to additional requirement under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005 (the AODA) via the Integrated Accessibility Standards Regulation (the Regulation).
The Regulation applies to “every organization that provides goods, services or facilities to the public or other third parties and that has at least one employee”. The application is intended to be broad and indeed captures most of our clients.
LTB co-op evictions – report on the first 10 orders
September 26th, 2014 by Celia ChandlerSince June 1, 2014, the Landlord and Tenant Board has handled co‑op evictions in Ontario. So, I’m sure you’ll all wondering, how has it gone? We were wondering too, so we reviewed the first ten orders that have been issued by the LTB and published on CanLII, Canada’s free on‑line database of legal decisions.
Continue reading “LTB co-op evictions – report on the first 10 orders”
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