Posts Tagged ‘Evictions’

The Responsible Housing Provider ‑‑ Excessive Clutter

March 18th, 2013 by Celia Chandler

This is information only and is not intended to be taken as legal advice. If you have a case of excessive clutter, we urge you to talk to your lawyer and work out a plan that meets your  duties and minimises your liability.

Housing providers often ask: (1) how to clean up an excessively cluttered unit (often this is referred to using the term “hoarding”), and (2) whether they can evict the occupants. These questions raise a number of legal issues.

Human Rights: Excessive clutter can result from mental illness. The Human Rights Code obliges a housing provider to accommodate mental illness to the point of undue hardship. Undue hardship is a very high threshold, assessed on cost (including external funding), health and safety. Where there is a suspected or known mental illness, consult with a lawyer to find a way to satisfy the duty to accommodate. For example, providing the most appropriate help with fumigation preparation, often necessary in cluttered units, helps defend against allegations that you have not met the duty to accommodate.

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Prorogation stops co-op housing eviction law reform bill in its tracks – for now

October 17th, 2012 by Celia Chandler

At the beginning of October, in an unusual moment of unanimity, all parties at Queen’s Park showed enthusiasm for Bill 65, a bill to put in place a new eviction process for housing co-ops. In our earlier blog on this bill, we summarised comments from the second reading debates, and predicted that, with some minor tweaking, the legislature would quickly pass this bill.

When we wrote that blog, like the rest of the world, we did NOT anticipate McGuinty’s bombshell on Monday evening – resignation and proroguing parliament until a new Liberal leader is in place. Prorogation cleans the legislative slate. When MPPs return to Queen’s Park, all bills caught in the prorogation will need to be reintroduced. Will the co-op housing sector be able to get this back on the government’s radar? Stay tuned…

Bill 65: All parties highlight the need for affordable housing in Ontario

October 9th, 2012 by Celia Chandler

Debate began this week on the Non‑Profit Housing Co‑operatives Statute Law Amendment Act, 2012, Bill 65 –  the co‑op eviction law reform bill.  You’ll remember that this bill, first introduced in the house in April 2012, has been enthusiastically received by housing co‑ops and is supported by all parties in the Legislature.  Of 107 ridings in Ontario, 95 contain housing co‑ops, so indeed this is a bill that has a province‑wide impact!

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A Question of Fairness: Recent Court Decisions on Evictions by Non-profit Housing Co-operatives

May 29th, 2012 by Shelina Ali

Housing co‑operatives occasionally have to face the unpleasant task of evicting one of their members, usually for arrears, but often for serious behavioural problems.  These evictions can be based on committing a crime on the property, or “lesser” behavioural problems, such as frequent loud parties or errant, but frightening, dogs which are a safety risk. The co‑operative board can make a decision to evict the member, but if the member does not voluntarily leave, then the co‑op must make an application to the Superior Court to have the court order an eviction.

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