Monday, August 29, 2016

The Reasoning


In 2013 the co-op applied to the Superior Court for an eviction order against a member for arrears of approximately $800. This figure is comprised of fines levied by the co-op against the Defendant. The Judge upon reaching his decision to evict the member stated that the member was in "violation of a by-law regulating the number of people in the unit". This information was passed on to him by the co-op's lawyer, who in turn received it from the co-op's Property Manager. The reality of this situation is that it was the co-op which housed the family in this unit when they arrived two years earlier.

The member signed a Performance Agreement with the Board of Directors stating that they could stay if they paid their arrears 'immediately'. Having signed the entrapment agreement, the co-op enforced the eviction order, because the arrears were not paid 'immediately' the next day - or earlier. The Judge declared all of this to be "reasonable" and granted the Eviction Order with costs against the Defendant.

The unit subsequently sat vacant for several years.  Noncollectable legal fees, plus vacancy losses would have been in the order of $50,000.

The co-op is now using the same lawyer to sue me. 

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