Osorio v. Atkinson Housing Co-operative Inc.

Tenant wins · 2024-05-09

Adjudicator

O'Brien J.

Dispute

Co-Op Membership, Eviction

Landlord

Atkinson Housing Co-operative Inc.

Tenant

H.F.O.

Landlord rep

D. Levitt, T. Duggan

Tenant rep

C. Sakuraba

What happened

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 ruling

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.