The Applicant, a housing co-operative, successfully argued that its decision to terminate an individual’s membership and occupancy rights was both reasonable and fair. In accordance with this finding, the court issued a Writ of Possession in favour of the housing co-operative.

27. April 2010 0
Administrative law – Housing co-operative – Governance – Membership – Termination – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Forestwood Co-operative Homes Inc. v. Blake, [2010] O.J. No. 678, 2010 ONSC 1179, Ontario Superior Court of Justice, February 22, 2010, D.G. Price J. The Applicant, Forestwood Co-operative Homes ...

A housing cooperative (“Lavender”) succeeded in quashing a decision of the B.C. Human Rights Tribunal (“BCHRT”) which had held that Lavender’s One Member Rule discriminated against a widow on the basis of her marital and family status

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Marital status – Housing co-operative – Membership – Judicial review – Standard of review – Reasonableness simpliciter – Correctness Lavender Co-Operative Housing Association v. Ford, [2009] B.C.J. No. 2081, British Columbia Supreme Court, October 21, 2009, V. ...

A resident (“the resident”) in a housing co-operative appealed the decision of the general membership to terminate her membership in the co-operative, and to require her to vacate the unit. The court concluded that the co-op observed the principals of natural justice in terminating the resident’s membership and that the decision to terminate the membership was supported by the facts. Although the co-op refused to listen to all of the Resident’s evidence at the hearing, the court concluded that the co-operative had been reasonable in the way they dealt with the hearing and had complied with the Co-operative Association Act, R.S.B.C. 1999, c. 28 and the rules of natural justice in coming to their decision to evict the resident.

27. May 2003 0
Administrative law – Housing co-operatives – Governance – Membership – Termination – Judicial review – Natural justice DaCosta v. City Edge Housing Co-operative, [2003] B.C.J. No. 571, British Columbia Supreme Court, March 14, 2003, Baker J. Ms. DaCosta and her children were residents of the City Edge Housing Co-operative (“the Co-op”). Ms. DaCosta was in a ...