Constance Hamilton Housing Co-operative v Duschene

Landlord wins · Toronto · 2023-06-26

Adjudicator

Nancy Morris

Dispute

Substantial Interference

Notice

N5C

Amount

<$5K

Landlord

Constance Hamilton Housing Co-operative

Tenant

L.D.

Landlord rep

M. Hackl

What happened

The Co-op applied for an order to end the occupancy of the member unit and evict the Co-op Member because the conduct of the Co-op Member, another occupant of the member unit or a person permitted in the residential complex by the Member is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the Co-op or another Member of the Co-op or occupant of the residential complex, or substantially interferes with another lawful right, privilege or interest of the Co-op or another such member or occupant.

The ruling

The Co-op Member's occupancy is terminated on August 31, 2023. The Co-op Member must vacate the member unit on or before August 31, 2023. If the Co-op Member does not vacate the member unit on or before August 31, 2023, the Co-op Member shall pay the Co-op compensation of $11.67 per day for the use of the unit starting September 1, 2023 until the date the Co-op Member moves out of the unit. The Co-op Member shall pay the Co-op's $201.00 cost of filing the application on or before August 31, 2023. If the Co-op Member does not pay the Co-op the full amount owing on or before August 31, 2023, the Co-op Member will start to owe interest.