LTB: Non-Profit Co-op Evictions | Tribunals Ontario

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Non-Profit Co-op Evictions

Who Can Apply

A non-profit housing co-operative (co-op) can apply to the LTB for an order to end a co-op member’s occupancy and evict them.

Before applying to the LTB to evict the member, the co-op must first:

  1. terminate the member’s membership and occupancy rights
  2. give notice to the member to end their occupancy

Co-op members cannot file applications with the LTB. Co-op members must bring their concerns to the co-op’s board of directors using the co-op’s internal dispute resolution process.

Use Navigate Tribunals Ontario to learn more about Co-op’s and Co-op Member’s rights and responsibilities and the LTB’s processes.

Filing (Co-ops)

To file a C1, C2, or a combined C1 and C2 application, use the Tribunals Ontario Portal to submit your application online and save money. The filing fee for C1 and C2 applications filed on the Tribunals Ontario Portal is $186.

To file a C3 application, or any application combined with a C3, send an email with the completed application form and Form C with all supporting documents to: Co-opprocessingLTB@ontario.ca. The filing fee is $201. If you file by email, payments must be paid through the online payment portal before you file, and you must include your payment receipt when you email your documents to Co-opprocessingLTB@ontario.ca.

To file a C4 application, send an email with the completed application form and Form C and all supporting documents to: Co-opprocessingLTB@ontario.ca. There is no filing fee for a C4 application.

A complete application includes a signed declaration from a person with authority to bind the co-op, which certifies that the member’s occupancy rights were terminated in accordance with the Co-operative Corporations Act.

The LTB cannot accept credit card payment via fax or email. Applications faxed or emailed to the LTB with credit card information will be automatically deleted and not processed.

Notice of Hearings

After receiving the complete application, the LTB will schedule two hearings: a case management hearing and a merits hearing. The LTB will send the Notice of Hearings to the parties at least 10 days before the case management hearing. The LTB will also send a copy of the application to the co-op member.

For parties using the Tribunals Ontario Portal, the LTB will email correspondence to users, unless they uncheck the “Consent to receive LTB documents from the portal” checkbox to receive communication from the LTB via regular mail. If a user never logs on to the portal, they will receive all correspondence from the LTB by regular mail.

Filing a Response (Co-op members)

** Before starting the LTB process, the co-op must complete its internal dispute resolution process. The process includes a board of directors hearing and a notice of eviction decision. See your co-op’s by-laws for more information. **

If you’ve received a Notice by the Co-op to End your Occupancy you can choose to:

  • move out of the unit
  • dispute the notice, if you disagree with it

If you want to dispute the notice, the co-op will have to apply to the LTB to evict you. Once you have received the co-op’s application and Notice of Hearing from the LTB, complete a Response Form.

The Notice of Hearing will have a date when you must file your response. You must file your response with the LTB and give a copy to the co-op before that date.

A Certificate of Service, signed by the person who delivered your response to the co-op, must be filed with the LTB no later than five days after the response was delivered.

The Response and Certificate of Service forms may be filed:

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Online:

You can file your Response online on the Tribunals Ontario Portal.

By email: Co-opprocessingLTB@ontario.ca In person:

Some ServiceOntario Centres accept all Landlord and Tenant Board applications in-person. Please visit ServiceOntario Centres for a list of locations that accept applications and documents on behalf of the LTB.

By fax: If fax is the only method available for you to file a response, you can fax documents that do not have a fee or that are eligible for a fee waiver to 1-833-610-2242 or (416) 326-6455. The LTB can no longer accept credit card payment via fax. Applications with credit card information will be automatically deleted and not processed. By mail: Toronto North Office 47 Sheppard Avenue East, Suite 700 Toronto, Ontario M2N 5X5

If you do not respond to the application and do not attend the case management hearing, the LTB may decide the application without you and cancel the merits hearing.

For more information, read the Practice Direction on Applications Involving Non-Profit Housing Co-operatives. The practice direction describes the LTB’s process for hearing and deciding applications made by co-ops. It also provides guidance about what the LTB expects of parties at the hearings and what the parties can expect of the LTB.

Other LTB rules, practice directions and guidelines that apply to co-op applications can be found in Rules, Practice Directions and Guidelines.

Forms

Helpful hints for using these forms:

  1. To view, print or email these forms, your computer needs Adobe Reader. You can download this free software from Adobe’s website.
  2. Save the downloaded form onto your computer and open that copy in Adobe Reader. Do not complete the forms in your browser. Some browsers will not allow you to complete or save your form.
  3. There are two types of forms: forms that allow you to save the information you enter, and forms that don’t.
  • Forms you can save: You’ll see a message like this at the top of the form.
  • Forms you cannot save: You’ll see a message like this. You’ll need to print your completed form.

Select: Show All Notices to end the occupancy for co-ops Applications to end the occupancy for co-ops Forms for co-op members Forms for both parties

Fees

You may request a fee waiver if you meet the financial eligibility requirements in the Practice Direction on Fee Waiver. To request a waiver, complete the Fee Waiver Request.

Application Fees

C1 application $201$186 through the Tribunals Ontario Portal C2 application $201$186 through the Tribunals Ontario Portal C3 applications $201 C4 application No charge Request to Review an Order $58

Administrative Fees

  • Forms and instructions
  • Request for written reasons
  • Swearing an affidavit

No charge Copies (paper or electronic) of documents on file $0.54 per page Certified copy of an order No charge for first copy mailed to a party; $6.72 each additional copy Search for an order or other records First 2 hours free; $8.07 each additional 15 minutes Recording of a hearing $16.15 Copy of the LTB’s Rules and Guidelines $5.38 Witness fees If you summon a witness to a hearing, you must pay the witness to attend. Read the Summons brochure for more information.

Contact

If you have questions about the LTB’s procedures for non-profit co-op evictions or about your file, call us at 1-888-332-3234 or 416-645-8080, Monday to Friday from 8:30 a.m. to 5:00 p.m.

Or you can email Co-opprocessingLTB@ontario.ca.

The LTB does not provide information about the rights and obligations in co-operative, non-profit housing. A co-op or co-op member can contact the Co-operative Housing Federation of Canada.

Learn more about your rights and responsibilities and the LTB’s processes, using our online tool: Navigate Tribunals Ontario.

If you want to hire a lawyer or paralegal, see Getting Legal Help.