Co-operative Law

Celia Chandler at CHFT Fall Education Event

September 23rd, 2015 by Iler Campbell

Celia Chandler will be leading a workshop at the Co-operative Housing Federation of Toronto’s Fall Education Event on Saturday October 24th. She will be discussing human rights in a co-op setting and the duty to accommodate.

Also at the event are Viola Bardhoshi and Dionne Reid of Prentice Yates & Clark. All three presenters will also be at Tools Conference on November 25.

Learn more about CHFT’s event here.

The Pope on co-ops

March 4th, 2015 by Iler Campbell

In a speech last Saturday, Pope Francis praised co-operative organizations, saying that “the foundation of new cooperative enterprises, along with the further development of those already in existence” should be a “first place” priority of society. Co-operatives, he said,  should “continue to be the motor for lifting up and developing the weakest part of our local communities and of civil society”. In co-operatives, he said, “capital does not rule over people, but people over capital.”

He called for “creative imagination to find forms, methods, attitudes and tools to combat the throwaway culture cultivated by the powers that support the economic and financial policies of the globalised world.”

Hear, hear!

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.   Read the rest of this entry

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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