The appellant, a non-profit housing co-operative, appealed a decision dismissing its application to terminate the respondent's membership and occupancy rights.
The respondent was overhoused in a two-bedroom unit and had refused three offers to relocate to a one-bedroom unit.
The Divisional Court allowed the appeal, finding that the co-operative had complied with its by-laws and the Co-operative Corporations Act in terminating the membership of the respondent's former roommate and in requiring the respondent to downsize.
The court issued a declaration terminating the respondent's rights and granted a writ of possession.
