Osorio v. Atkinson Housing Co-operative Inc.

Tenant wins · 2024-05-09

Adjudicator

O'Brien J.

Dispute

Tenant Rights

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 used to be a member of the co-op but left the unit in 2011 due to a restraining order. In 2018, he provided the co-op with written confirmation that he had not resided in the unit since August 2011 and that he agreed to resign his membership. In 2022, the co-op discovered the appellant's ex-spouse had moved out and the appellant was living in the unit without being a member.

The ruling

The Board's order terminating the appellant's occupancy and evicting him is quashed. The Board did not have jurisdiction to order the appellant's eviction.