ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-14-498830-00
DATE: 20140618
BETWEEN:
WOBURN VILLAGE CO-OPERATIVE HOMES INC.
Applicant
– and –
SHANIECE MILLER
Respondent
Bruce D. Woodrow, for the Applicant
Shaniece Miller, in person
HEARD: June 17, 2014
b. p. o’marra j.
reasons for judgment
[1] Woburn Village (the “Co-operative”) owns residential units at 155 Dolly Varden Boulevard, Toronto. The respondent signed an Occupancy Agreement for Unit #93 on November 14, 2012. In March of 2014 the Co-operative learned that the respondent had vacated the unit by December 31, 2013. The Co-operative took possession and changed the locks on March 11, 2014.
the application
[2] The Co-operative seeks the following:
(a) a declaration that the membership and occupancy rights of the respondent are terminated as of December 27, 2013.
(b) arrears of housing charges and compensation to March 11, 2014.
(c) costs on a full indemnity basis.
the chronology
[3] The respondent commenced occupancy on or about December 1, 2012. The occupancy rate for her unit was $1191.00 per month or $39.16 per day.
[4] In the period July through December 2013 the respondent breached her obligation to pay in full and on time on numerous occasions.
[5] On December 6, 2013 the respondent was served with a Notice to Appear with a termination date of December 27, 2013. She was advised that she could attend the meeting on December 16, 2013 and make submissions. The grounds for proposed termination were her arrears and repeated failure to pay on time.
[6] The Board of Directors met on December 16, 2013. The respondent did not attend. The Board voted to terminate her membership and occupancy rights as of December 27, 2013. The Board also ruled the eviction would not be enforced if the respondent paid in full her arrears of $1656.50 by December 30, 2013 and made future payments in 2014 in full and on time.
[7] On December 17, 2013 the respondent was served with a Notice of Eviction that included a copy of the decision dated December 16, 2013.
[8] There was no request to appeal the decision of the Board to a general meeting of members of the Co-operative.
[9] No payments towards arrears or monthly charges were made after December 16, 2013.
[10] The Co-operative instructed counsel to obtain a writ of possession. An application was issued with a first appearance before a registrar set for March 4, 2014.
[11] The respondent appeared before the registrar on March 4, 2014. She acknowledged her arrears but disputed that she owed anything beyond December 31, 2013 because she had moved out on that date.
[12] At motion scheduling court on April 4, 2014 the respondent advised counsel for the Co-operative that she had spoken to an administrator of the Co-operative in January. She claimed that she asked the administrator about transferring her “lease” to someone else and offered a written notice that she was vacating her unit. She also said she offered her keys but the administrator refused to take them.
[13] In a Supplementary Affidavit sworn by the administrator of the Co-operative she advised as follows:
(a) the respondent did not surrender her keys in December of 2013 or later.
(b) the respondent did not advise the Co-operative in writing that she was moving out or had moved out in December of 2013 or later.
(c) the respondent did not speak to her and advise she was going to move out.
(d) the keys would have been accepted if offered by the respondent.
(e) in January of 2014 a potential sub-occupant (whose name she did not get) spoke to her by phone and asked about possibly transferring the “lease” to her. The administrator advised her that was not possible.
(f) the Co-operative taped the Notice of Application and Supporting Affidavit to the door of the unit on February 25, 2014. The respondent appeared before the registrar on the return date.
(g) the Co-operative was not aware that the respondent had vacated the unit on December 31, 2013 until advised by counsel on March 10, 2014.
(h) an inspection of the unit was done on March 11, 2014. The unit was vacant and the respondent had removed substantially all of her belongings. The Co-operative took possession and changed the locks that day.
[14] The respondent did not file any affidavits in response to this application. She advised that she had paid a security deposit of $1188.00 when she first took occupancy.
analysis
[15] The Co-operative seeks arrears to the termination date of December 27, 2013 and compensation after that date until recovery of possession on March 11, 2014. The evidence supports their claim for the time beyond December 31, 2013 since they were effectively not informed of vacant possession until March 10, 2014.
[16] There is no evidence that the Co-operative has required any part of the security deposit for expenses related to the unit. The respondent is entitled to a credit for that amount.
result
The membership and occupancy rights of the respondent in the Co-operative are terminated effective December 27, 2013.
The respondent is to pay to the Co-operative arrears of housing charges and compensation to March 11, 2014 being:
$4469.26
Less
$1188.00
credit for security deposit
$3281.26
- Full indemnity costs are ordered based on the bylaws of the Co-operative fixed at $10,000.00 including disbursements.
B. P. O’Marra J.
Released: June 18, 2014
COURT FILE NO.: CV-14-498830-00
DATE: 20140618
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
WOBURN VILLAGE CO-OPERATIVE HOMES INC.
Applicant
– and –
SHANIECE MILLER
Respondent
REASONS FOR JUDGMENT
B. P. O’Marra J.
Released: June 18, 2014