The appellant housing co-operative appealed a decision dismissing its application to evict the respondent for breaching its lock and pet by-laws.
The trial judge had dismissed the application on the basis that the by-laws were unreasonable.
The Divisional Court allowed the appeal, finding that the trial judge misapprehended the evidence and erred in principle by failing to defer to the democratically enacted by-laws of the co-operative.
The Court held that absent bad faith or overwhelming unreasonableness, courts should not substitute their views for those of a co-operative's membership.
