Last updated: August 6, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: Osorio v. Atkinson Housing Co-operative Inc., 2024 ONSC 2631
File Number: DC-23-00000677-0000
Application Date
Jan 2023
Hearing Date
May 2024
Order Date
May 9, 2024
The Board's order terminating the appellant's occupancy and evicting him is quashed. The Board did not have jurisdiction to order the appellant's eviction.
The appellant, Mr. Osorio, appeals three orders of the Landlord and Tenant Board that found he was not a member of the respondent non-profit housing co-operative and ordered his eviction from the unit in the co-op. The appellant used to be a member of the co-op but left the unit in 2011 due to a restraining order. In 2018, he provided the co-op with written confirmation that he had not resided in the unit since August 2011 and that he agreed to resign his membership. In 2022, the co-op discovered the appellant's ex-spouse had moved out and the appellant was living in the unit without being a member.
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