Co-operative Law

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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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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LTB co-op evictions – report on the first 10 orders

September 26th, 2014 by Celia Chandler

Since 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.

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CoopZone offering co-op development courses

July 28th, 2014 by Lauren Blumas

CoopZone Developers’ Network Co-operative is a network of people and organizations in the co-op sphere with a common goal of supporting the growth and development of co-operatives across Canada. The Network provides services which can help you to start a co-op or to nurture and grow an existing one. As a member of the CoopZone Legal Network Steering Committee, I can attest to the value of the services and expertise the Network provides. The CoopZone Legal Network and the Developers Network are designed to bring together organizations and experienced professionals to share their knowledge and service co-operative entrepreneurs.

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First Decision of the LTB related under Eviction Law Reform

July 9th, 2014 by Celia Chandler

On July 3, 2014,  a Hearing Officer with the Landlord and Tenant issued what we believe to be the first order of the LTB under the new co‑op eviction system – the file number is TNC‑00001‑14.

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Co-op Evictions: New LTB process documents now available

June 2nd, 2014 by Iler Campbell

A quick update to our post from Friday: Forms and information about the new co-op eviction process are now up on the Landlord and Tenant Board website. As always, we’re here to help should you make the difficult decision to evict one of your members.