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:
- terminate the member’s membership and occupancy rights
- 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.
To file an application, send an email with the completed application form (Form C together with either: C1, C1 and C2, C2, C3, C4-A or C4-B, depending on the reason for the eviction) and all supporting documents to: Co-opprocessingLTB@ontario.ca.
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.
There is a $190 fee to file the application. You must fax the Payment Information Form to 416-314-9567 to tell the LTB how you will pay. In order to keep your credit card information secure, the LTB does not accept this form by email.
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 mail a copy of the application to the co-op member.
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 Hearings 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:
|in person:||at LTB offices or a ServiceOntario location|
|by fax:||416-314-9567 or toll-free at 1-855-220-1676|
|by mail:||Toronto North District 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.
Helpful hints for using these forms:
- To view, print or email these forms, your computer needs Adobe Reader. You can download this free software from Adobe’s website.
- 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.
- 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.
All applications must include form C and along with C1, C2, C3, C4-A or C4-B, depending on the reason for the eviction.
|Response to a Co-op Application|
|Co-op Member’s Affidavit and Motion to Void an Eviction Order for Non-Payment of Housing Charges|
|Certificate of Service – Co-ops|
|Payment Information Form|
|C1, C2 or C3 applications||$190|
|C4-A or C4-B applications||No charge|
|Request to Review an Order||$55|
|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.|
If you have questions about the LTB’s procedures for non-profit co-op evictions or about your file, call us at 416-314-7061 or toll-free 1-844-288-7221, 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.
If you want to hire a lawyer or paralegal, see Getting Legal Help.