Iler Campbell LLP

End of co-op operating agreements: leaders press for continued funding

December 17th, 2014 by Celia Chandler

The evening of December 16, 2014 marked another in a series of meetings organized by the Co‑operative Housing Federation of Toronto and CHF Canada to discuss the pressing issue of the end of operating agreements for many co‑operative and non‑profit housing providers. In the GTA alone, 14 co-ops will reach the end of their operating agreements in the next two years. Continue reading “End of co-op operating agreements: leaders press for continued funding”

More news from the LTB on co-op evictions

December 3rd, 2014 by Celia Chandler

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.

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Anti-terror bill C‑44: Pushing the limits of Canadian rights

November 27th, 2014 by Shelina Ali

On October 29, 2014 the government introduced Bill C‑44, an Act to amend the Canadian Security Intelligence Service Act and other (related) Acts, cited in short form as the Protection of Canada from Terrorists Act. Public Safety Minister Steven Blaney stated that the amendments put forward under Bill C‑44 are required to keep Canadians safe from terrorism and to protect and uphold the privacy of confidential informants. However, in achieving the government’s stated goals, Bill C‑44 deliberately pushes the limits of Canadians’ right to privacy, protection from unreasonable search and seizure, and the right to life, liberty and security of the person.

Two more significant “firsts” at the LTB

October 31st, 2014 by Celia Chandler

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.

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Fighting it out on the ice: Canadian Bar Association skates into (and then out of) huge Chevron vs Ecuadorian villagers court battle

October 30th, 2014 by Kirsten Iler

A storm of controversy erupted amongst Canadian lawyers when the Canadian Bar Association (CBA) decided to intervene in Chevron’s appeal to the Supreme Court of Canada. The appeal is part of Chevron’s battle against Ecuadorian Indigenous peoples who seek to enforce a massive court judgment against the company for environmental damage in Ecuador. Amid increasing pressure, the CBA ultimately decided not to intervene. However, the event speaks to an apparent divide within the legal profession: around the relationship and importance of corporate law principles (such as the corporate veil), corporate accountability, and access to and the administration of justice.