A housing co‑operative applied for an order confirming termination of the respondents’ occupancy and for a writ of possession after persistent arrears and breaches of multiple performance agreements.
The respondents argued that a later performance agreement cancelled the eviction decision and raised hardship concerns relating to their family circumstances.
The court applied a reasonableness standard to the co‑operative board’s decision and held that the board reasonably determined the performance agreement required immediate payment of arrears and therefore never came into force when payment was delayed.
Given the respondents’ ongoing arrears and breaches, the board’s decision fell within a range of reasonable outcomes.
No basis for judicial intervention on hardship grounds was established.
