The applicant, a non-profit housing co-operative, sought a writ of possession to evict two respondents who had lived in a unit with their deceased mother.
The respondents, who were not members, had applied for membership but faced arrears in membership fees and an uninvestigated altercation allegation.
The court dismissed the application for a writ of possession, finding it would be unfair to evict the respondents without a proper and fair consideration of their membership application, especially given their lifelong residency, family ties within the co-operative, and the fact that all arrears had been paid.
