Co-operative D' Habitation Beauparlant Inc. v Duchesne - LTB Eviction Order

Dispute Summary

Co-operative D' Habitation Beauparlant Inc. (the 'Co-op') applied for an order to end the occupancy of the member unit and evict Samantha Duchesne (the 'Co-op Member') because the Co-op Member failed to meet a condition specified in order LTB-C-036438-23 issued on February 29, 2024.

Determinations

• The order provides that the Co-op can apply to the LTB under 94.11 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Co-op Member to terminate the occupancy and evict the Co-op Member if the Co-op Member does not meet certain conditions in the order.
• The Co-op Member has not met the following condition specified in the order: the Co-op Member failed to pay the regular monthly housing charges for April 2024 in full on or before April 1, 2024.
• The previous application includes a request for an order for the payment of arrears of regular monthly housing charges and other housing charges owing and requires the Co-op Member to make payments by specific due dates.
• The Co-op Member was ordered to pay $9,696.00 for arrears of regular monthly housing charges, other housing charges owing, NSF charges the Co-op incurred and the application filing fee in the previous order. The amount that is still owing from that order is $9,137.50 and that amount is included in this order.
• The Co-op Member is owed $803.00 for refundable deposits. The total refundable deposit is set off against the amount the Co-op Member owes.
• The Co-op is entitled to daily compensation the Co-op Member starting May 1, 2024, until the date the Co-op Member moves out of the unit at a daily rate of $27.45.
• It would be unfair to grant relief from eviction pursuant to subsection 94.12(1) of the Act.

Arguments and Actions