A housing co-operative applied under s. 171.13 of the Co-operative Corporations Act for termination of a member’s membership and a writ of possession based on alleged nuisance and disruptive conduct.
The court reviewed the board’s decision on a standard of reasonableness and considered whether the co-operative complied with principles of natural justice and procedural fairness.
Concerns arose regarding the fairness of the process, including scheduling a termination meeting despite the member advising she could not attend and the participation of board members who were directly implicated in the allegations against her, raising a reasonable apprehension of bias.
The court held that the circumstances justified exercising its equitable jurisdiction under s. 171.21(1)(a) of the Act to refuse eviction.
The application to terminate membership and obtain possession was therefore denied.
