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#19051
CO-OP expulsion UPHELD by Divisional Court for NON-PHYSICAL ENDANGERMENT : FURR v Courtland Mews 2020/03/10 19:00  
A reminder ( from the CCA Cooperative Corporations Act universe ) of a need to "keep on chillin" amidst interaction with management.

( Can the manner of kvetching or management-challenge reach a level such as to shield big time retaliation in the name of workplace safety ? Who will many adjudicators chose to believe - or how to construe conduct - no matter for example what sort of cellphone video etc was recorded by a kvetcher ? )

Was this Ontario co-op community dispute rekindled by mere rogue gardening ? That's amidst a lengthier background history of discord between an employee manager & an ex-Director co-op member now ordered evicted.

Here a Divisional Court panel rejects the member's appeal ( with legal counsel ) against expulsion; no shortage of expressed deference to factuals & remedy as had been held & imposed below in Ontario's LTB Landlord & Tenant Board. ( Physical expulsion by court enforcement officers - of the co-op's expulsion order itself - had to be obtained through Ontario's RTA Residential Tenancies Act 2006 process. )

At LTB below the adjudicator held ( amongst others ) an alleged incident of “laying siege to the management office” ( Sounds like familiar narratives from some condo battles albeit tame by some U.S. scenarios ) . . .

Bottom line, the expulsion-bound member is confirmed to have endangered employee property manager by onsite confrontations & climate of toxic but non-physicalized threats.

And the Divisional Court panel now awards a further $ 8, 300 of Courtland Mews' successful defence costs on this appeal. . .

Furr v. Courtland Mews Cooperative Housing Inc., 2020 ONSC 1175 issued March 9/20 http://canlii.ca/t/j5rn4
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