Cottle v. Atkinson Housing Co-operative Inc.

Tenant wins · 2015-11-25

Adjudicator

Molloy J.

Dispute

Eviction, Non-payment of Rent

Amount

<$5K

Landlord

Atkinson Housing Co-operative Inc.

Tenant

C.C.

Landlord rep

Derrick M. Fulton

Tenant rep

Peter I. Waldman

What happened

Tenant Charlene Cottle appealed two Landlord and Tenant Board orders: an Arrears Order dated January 16, 2014 ordering payment of rent arrears and eviction, and a Review Order dated March 19, 2014 upholding the Arrears Order. The tenant claimed she was a co-op member, not a tenant, and that she had paid her rent via money orders. The court found procedural unfairness in how the Review Order was obtained and set aside both orders.

The ruling

The Divisional Court set aside both the Arrears Order and Review Order of the Landlord and Tenant Board due to procedural unfairness and jurisdictional issues. The landlord is not precluded from bringing a new application for arrears. The court noted that recent legislative changes give the Board jurisdiction over co-op members for arrears and eviction matters.