Respondent
Petitioner
Facts:
Noons Creek Housing Co-Operative sought possession of Unit 25, occupied by Hayley Myers, after terminating her membership due to unpaid housing charges and failure to submit required financial documents. Myers, a long-term resident with financial struggles and cognitive issues, fell behind on payments and failed to return a Homeowners Grant form, leading to termination of her membership in May 2023.
Legal Arguments/Issues:
The Co-op argued that Myers breached the occupancy agreement by failing to pay housing charges and provide necessary documents. They sought an order for possession and $11,700 in arrears, later rising to approximately $15,000 with administrative penalties. Myers contended that the Co-op violated her right to natural justice by not adequately ensuring her attendance at the meeting that terminated her membership. She argued that her cognitive impairments and the Co-op’s rigidity in notice procedures deprived her of a fair chance to address the board.
Decision:
The court ruled in favor of Myers, finding that the Co-op failed to observe principles of natural justice. The termination of her membership was invalidated, and her right to remain in Unit 25 was reinstated. The court did not grant possession to the Co-op and ordered further inquiries to determine the exact financial liabilities owed by Myers. The total costs or award amounts were not fully resolved and were referred to the Registrar for assessment.
Court
Supreme Court of British ColumbiaCase Number
S250288Practice Area
Real estateAmount
Winner
RespondentTrial Start Date
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