Background:

• The applicant, Atkinson Housing Co-operative Inc., sought a declaration that no member occupies a specific three-bedroom townhouse and requested a writ of possession.
• The respondent, Hector Osorio, claimed to be a co-op member with occupancy rights and opposed the application.

Key Facts:

• Mr. Osorio lived in the unit with his spouse until 2011 when he left following a domestic restraining order.
• In 2018, he formally resigned his co-op membership and confirmed he no longer resided in the unit.
• His ex-spouse remained in the unit but vacated it in February 2021.
• Mr. Osorio moved back in afterward but did not reapply for membership.
• The Landlord and Tenant Board and the Divisional Court found Mr. Osorio was not a member and upheld his lack of occupancy rights.

Legal Findings:

1. Membership Status:

   • Mr. Osorio ceased being a co-op member in 2011 and confirmed this in 2018.
   • As a non-member, he lacked legal grounds to occupy the unit.

2. Jurisdiction:

   • The Landlord and Tenant Board cannot evict non-members from co-op housing. This authority lies with the courts under the Co-operative Corporations Act (s. 171.13).

3. Writ of Possession:

   • The court found no procedural unfairness or bad faith in the co-op’s actions.
   • Mr. Osorio had no valid claim to the unit, and the co-op was entitled to possession.

Outcome:

• The court granted the writ of possession, allowing the co-op to reclaim the unit, and denied any delay in enforcement.
• No monetary award specified.