Heatheridge Housing Cooperative v. Harrison

Heatheridge Housing Cooperative v. Harrison

The Court found the Rules and the Over‑ and under‑housing Policy had been validly adopted and communicated, the Board and membership afforded Ms. Harrison the opportunity to be heard and complied with principles of natural justice, the members' confirmation of termination was reasonably supported by the facts (her refusal to comply with the Policy), and therefore the termination stood and the Cooperative was entitled to a possession order and costs.

Citation
2009 BCSC 1067
Parties
Housing Cooperative (petitioner/respondent): Heatheridge Housing Cooperative; Member (appellant/respondent): Charlene Laurie Harrison
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 August 2009
Procedural Posture
Cooperative Membership Termination Appeal and Possession Application Under the Cooperative Association Act / Decision on Appeal and Application for Possession (trial Judgment)
Outcome
Appeal dismissed; membership termination confirmed; possession order granted; costs awarded to Heatheridge Housing Cooperative
Legal Topics
Membership Termination, Natural Justice, Possession Order, Bylaws and Policies, Over and Under Housing Policy
Source Language
English
Cooperative Law Property Law Housing Law Administrative Law Civil Procedure Membership Termination Natural Justice Possession Order +2 more

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Parties

Heatheridge Housing Cooperative

Housing Cooperative (petitioner/respondent)

Charlene Laurie Harrison

Member (appellant/respondent)

Procedural Posture

Cooperative Membership Termination Appeal and Possession Application Under the Cooperative Association Act / Decision on Appeal and Application for Possession (trial Judgment)

Legal Issues

  1. 1 Whether the Cooperative validly adopted the Rules and Over‑ and under‑housing Policy
  2. 2 Whether the Cooperative observed natural justice in terminating membership
  3. 3 Whether the members' decision was reasonably supported by the facts

Ratio Decidendi

The Court found the Rules and the Over‑ and under‑housing Policy had been validly adopted and communicated, the Board and membership afforded Ms. Harrison the opportunity to be heard and complied with principles of natural justice, the members' confirmation of termination was reasonably supported by the facts (her refusal to comply with the Policy), and therefore the termination stood and the Cooperative was entitled to a possession order and costs.

Court Disposition

Appeal dismissed; membership termination confirmed; possession order granted; costs awarded to Heatheridge Housing Cooperative

Orders

  • Appeal dismissed and membership termination confirmed by members upheld
  • Order that Charlene Laurie Harrison deliver vacant possession of Unit 5 - 1360 Hillside Avenue, Victoria, B.C. on or before September 30, 2009