Tisdale Whitney Housing Co-operative Inc. v Bugariu - 2023 ONLTB 77418
Co-op granted eviction order against member for $16362 in unpaid housing charges, member given chance to void order by paying $17559
Summarized by RentZenLast updated: September 12, 2024
Case Summary
37,900 Ferguson Road, Porcupine, ON P0N1C0
Decision in favor of
landlord
Balance Owed to Landlord
$15,491
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Nov 2023
Order Date
Dec 1, 2023
Tenancy End Date
Jan 2024
Dispute Summary
The Co-op applied for an order to end the occupancy of the member unit and evict the Co-op Member because the Co-op Member did not pay the regular monthly housing charges that the Co-op Member owes.
Determinations
- Co-op served valid N4C Notice
- Co-op Member did not void notice by paying arrears
- Co-op Member still in possession on application date
- Regular monthly housing charge is $996.00
- Co-op Member has not made any payments since application filed
- Arrears of $16,362.00 as of November 30, 2023
- Co-op entitled to $201.00 application filing fee
- Co-op Member owed $600.00 refundable deposit
Case Study
The Co-op served the Co-op Member with a valid N4C Notice. The Co-op Member did not void the notice by paying the amount of regular housing charges owing by the termination date in the N4C Notice or before the date the application was filed. The Co-op Member was still in possession of the member unit as of the hearing date. The Co-op Member disputed the amount being charged by the Co-op, but Section 203.1 of the Residential Tenancies Act, 2006 precludes the Board from making determinations or reviewing decisions in respect of a co-op's housing charges and/or subsidies. The Co-op Member testified that he has been trying to get assistance from social services and access his pension funds to address the arrears, so the termination date was postponed to allow him time to do so.
Arguments and Actions
Tenant
Arguments
Co-op Member disputed the amount being charged by the Co-op, but the Board cannot review the Co-op's housing charges.
Actions
Co-op Member testified that he has been trying to get assistance from social services and access his pension funds to address the arrears.
Decision Summary
The Co-op Member's occupancy is terminated unless the Co-op Member voids the order by paying $17,559.00 by December 31, 2023 or $18,555.00 by January 5, 2024. If the Co-op Member does not void the order, the Co-op Member must move out by January 5, 2024 and owes the Co-op $15,491.00. The Co-op Member will also owe daily compensation of $32.75 per day starting November 17, 2023 until the move-out date.
Reason for Eviction Relief
To allow the Co-op Member time to source funds to void the order and preserve his occupancy rights
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
82.9%
Tenant Favorable
13.4%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$996
Rent Arrears
$16,362
Application Fee
$201
Rent Deposit
$600
Total Owing
$15,491 (Owed to Landlord)
Source
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