ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-12-00447648-0000
DATE: 20120802
BETWEEN:
MAIN-GERRARD COMMUNITY DEVELOPMENT CO-OPERATIVE INC. Applicant – and – WILLIAM COSGROVE Respondent
Bruce Woodrow , for the Applicant
William Cosgrove , in person as self-represented
HEARD: June 14, 2012
b. p. o’marra j.
reasons for decision
[ 1 ] Mr. Cosgrove resides in a co-operative. He has accumulated arrears and has repeatedly failed to pay his housing changes in full and on time.
issue
[ 2 ] Is the co-operative entitled to an order terminating his membership and for vacant possession?
the facts
[ 3 ] Mr. Cosgrove appeared on his own behalf. He does not dispute the facts. He is clearly a good man who has faced significant personal and financial setbacks.
[ 4 ] The Applicant is a non-profit housing co-operative. Mr. Cosgrove was a member of the co-operative at all material times.
[ 5 ] On March 14, 2011 Mr. Cosgrove signed an Occupancy Agreement with the co-operative. He acknowledged that his occupancy was governed by the by-laws of the co-operative. He commenced occupancy on April 1, 2011.
[ 6 ] The full monthly housing charge for his unit is $734.00 or $24.13 per day.
[ 7 ] As of February 29, 2012 Mr. Cosgrove is in arrears in the amount of $3,842.86. In the period April 2011 to January 2012 inclusive he breached his obligation to pay in full or on time as follows:
late payment – 1 month
no payment – 4 months
partial payment – 5 months
[ 8 ] On January 12, 2012 Mr. Cosgrove was served with a Notice to Appear. He was advised that he could attend a meeting of the Board of Directors on January 26, 2012 and make representation. The grounds for proposed termination were arrears and repeated failure to pay in full and on time. The termination date was February 6, 2012.
[ 9 ] Mr. Cosgrove attended the Board meeting on January 26, 2012 and was heard. The Board voted to terminate his occupancy and membership as of February 6, 2012.
[ 10 ] On January 30, 2012 Mr. Cosgrove was served the Notice of Eviction Decision. He also received information as to the appeal process. There was no appeal launched by Mr. Cosgrove.
[ 11 ] Mr. Cosgrove continues to reside in his unit despite the termination of his occupancy and membership.
[ 12 ] As of May 31, 2012 the arrears total $6,232.50.
analysis
[ 13 ] Mr. Cosgrove does not dispute any aspects of the claim.
[ 14 ] I am satisfied that he was accorded natural and procedural Justice in the process of terminating his occupancy and membership rights.
[ 15 ] I acknowledge that this order will cause emotional and financial distress to Mr. Cosgrove. I am also mindful that the co-operative must operate in a business-like fashion in order to survive.
result
Order to go terminating Mr. Cosgrove’s occupancy and membership in the co-operative effective February 6, 2012.
Writ of possession will issue for 207 Main Street, Unit #307, Toronto M4e 3V4. Vacant possession is to be delivered no later than August 27, 2012.
Respondent is ordered to pay arrears of $6,232.50 up to May 31, 2012 and $24.13 per day for each day thereafter until vacant possession is delivered.
[ 16 ] I will consider brief written costs submissions (no more than 3 pages) to be submitted to Judicial Administration by August 13, 2012.
B. P. O’Marra J.
Released: August 2, 2012
COURT FILE NO.: CV-12-00447648-0000
DATE: 20120802
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
MAIN-GERRARD COMMUNITY DEVELOPMENT CO-OPERATIVE INC. Applicant – and – WILLIAM COSGROVE Respondent
REASONS FOR DECISION
B. P. O’Marra J.
Released: August 2, 2012