Co-op Wins Eviction: Burnhamwood Homes v Ward 2024
72-year-old co-op member faces eviction after failing to pay utility charges and housing fees
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 425 Meadows Boulevard, Mississauga, ON L4Z1N3
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Subsections of RTA Quoted
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Timeline
Hearing Date
Mar 2024
Order Date
May 28, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Co-op applied to end occupancy and evict member for failing to meet conditions of a previous order, including late housing charge payment and substantial unpaid utility charges.
Determinations
- Co-op Member admitted breaching previous order
- January 2024 housing charge paid late
- Substantial utility charges remain unpaid
- No medical evidence provided for late payment
Case Study
Motion to set aside eviction order denied due to repeated payment issues and lack of communication about medical reasons for late payment.
Arguments and Actions
Landlord
Arguments
Concerned about substantial unpaid utility charges and member's credibility
Actions
Co-op paid utility charges to restore heat and hydro, attempted to create payment plan
Tenant
Arguments
Limited income from CPP and retirement, cannot afford another unit, wants to remain in familiar area
Actions
Co-op Member claims she was awaiting surgery and believed payment would be automatic. She is 72 years old and has lived in the unit for 43 years.
Procedural Errors
Failed to respond to Co-op's letters requesting medical documentation
Aggravating Factors
Failed to pay utility charges, did not provide medical documentation, paid housing charge late
Decision Summary
Motion to set aside eviction order denied. Stay lifted on July 31, 2024, giving Co-op Member time to find alternative housing.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Other Owed Amount
$6,720
Utility charges paid by Co-op
Total Owing
$6,720 (Owed to Co-op)
Source
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