Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Hearing Date
May 2024
Order Date
May 9, 2024
The appeal is allowed. The Board's order terminating the appellant's occupancy and evicting him is quashed. The court found that the Landlord and Tenant Board did not have jurisdiction to evict the appellant once it determined he was not a member of the co-operative. The appellant's other grounds of appeal were dismissed.
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 argues that the Board did not have jurisdiction to evict him, erred in determining he was not entitled to notice of the initial hearing, erred in finding he was not a member of the co-op, and erred in failing to consider whether his notice to resign his membership was valid.
The respondent conceded that the Board did not have jurisdiction to evict the appellant when it found he was not a co-op member.
In March 2022, the co-op discovered the appellant's ex-spouse had moved out of the unit in February 2021. It also had information the appellant was living in the unit, but he had not applied to be reinstated as a member of the co-op.
The appellant argued that the Board lacked jurisdiction to evict him, erred in determining he was not entitled to notice of the initial hearing, erred in finding he was not a member of the co-op, and erred in failing to consider whether his notice to resign his membership was valid.
The appellant left the unit in approximately August 2011 due to a restraining order associated with domestic violence. In 2018, he provided written confirmation to the co-op that he had not resided in the unit since August 2011 and agreed to resign his membership.
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