How to Fight Eviction From a Co-Op in Ontario
- 1). Attend the meeting of the co-op's board of directors called specifically to discuss your eviction. The Co-operative Corporations Act requires the board to notify the member facing eviction in writing at least 10 days before the meeting date. Refer to the reasons for eviction outlined in the notice of expulsion and contest these verbally during the meeting, as well as in writing, in a subsequent letter. Those facing eviction may appoint a lawyer to attend this meeting on their behalf.
- 2). Speak with your neighbors and other members of the co-op prior to the annual general meeting--when everyone is given the chance to vote on an eviction resolution passed by the board of directors--and ask them to reject or modify the board's decision. The board's secretary must provide a written copy of the resolution no later than five days after the board's meeting. Indicate to the secretary your decision to appeal the resolution at the next annual general meeting within 21 days of receiving the original letter. At the meeting, co-op members may vote to uphold, reject or modify the verdict.
- 3). File a lawsuit against the co-operative if members choose to support the eviction resolution at the annual general meeting. You must notify the co-operative through a registered letter seven days before launching legal action. If the legal action proves successful, the court may order the co-operative to reimburse the plaintiff for any costs associated with the lawsuit.
Appealing expulsions
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