Landlord and Tenant Board Dismisses Co-op's Eviction Application Due to Procedural Errors: Cooperative d'Habitation LaFontaine Inc. v Obiang 2024

Dispute Summary

The Co-op applied for an order to end the occupancy of the member unit and evict the Co-op Members because the Co-op Members, another occupant of the member unit or someone the Co-op Members permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Co-op or another member of the Co-op or occupant of the residential complex.

Determinations

• The Board consented to the withdrawal of the Co-op's application.
• The Co-op's Legal Representative was late to the hearing due to another matter scheduled before the Small Claims Court, and made no attempts to reschedule the matter before the Board or have a different licensee act on his behalf.
• The Co-op's Legal Representative's actions were not on par with his statement that his intent was not to inconvenience, and as a licensee, he is held to a higher professional standard.
• The Property Manager, who was a contractor of the Co-op, did not meet the exemptions to represent the Co-op as an unlicensed representative.