SUPERIOR COURT OF JUSTICE - ONTARIO (Divisional Court); Court File No. 493/08; Date: 2009-02-11
Between: Co-operative Housing Federation of Canada And Thornhill Green Co-operative Homes Inc. (Applicants) - and -The Regional Municipality of York And Housing York Inc. (Respondent)
Before the Hon. Justice MacDonald, Wilson and Bellamy
[93] "We do conclude, though, that the Region owed a duty of procedural fairness to the Co-op, despite the receivership."
[96] "We, therefore, dismiss the motion to quash the Region's consent to the sale of the Co-op under s. 95 of the SHRA."
[99] "For the above reasons, the application to quash the s.95 consent is dismissed."
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SUPERIOR COURT OF JUSTICE - ONTARIO (Commercial List). Court File No. 07-CL-7044; Date: 2009-07-16
Between: The Regional Municipality of York (Applicant) - and - Thornhill Green Co-operative Homes Inc. (Respondent). In the matter of an application under section 116(1) 6 of the Social Housing Reform Act, 2000, S.O. 2000, c. 27
Before the Hon. Justice Morawetz
Justice Morawetz decisions and the proceedings are noted in the following paragraphs in whole or in part, below:
[55] "Even with the passage of time from the hearing of this motion, the view of the Receiver has not altered its view as can be seen from paragraphs 24-27 of its submissions filed on April 8, 2009: 24. "The respondents have opposed the Receiver's motion,..." "Yet, in all this, they have failed to address the basic problem facing this co-operative, namely, that it was unable to properly manage Thornhill Green and its financial affairs. Further, they have failed to come up with any solution to the fact that there is a great deal of capital work remaining to be done to ensure that the property does not deteriorate further, and the co-operative has no funds with which to do the work."
25. "The respondents postulate that, given further time, the parties may be able to work out a solution together. However, to date, they have not come forward with any solutions. Further, given the amount of time that has already passed, it is not clear when the respondents believe that they will be able to come up with such a solution, and noting has been provided to the Receiver in that regards."
26. "Further, the Receiver has brought a motion to this Honourable Court. The receiver has requested a decision from this Honourable Court." "The Receivership must be brought to an end to bring stability to the housing project and its residents, but there needs to be a sustainable long-term solution in place before this can occur."
27. "In the Receiver's view, the only viable solution to the ongoing and longstanding problems of Thornhill Green remains the transfer of the housing to HYI."
[71] "I am satisfied that the Receiver has acted fairly and diligently in carrying out its activities during the appointment and, in particular, the sales process. In my view, the Receiver has acted in accordance with Soundair principles set out above."
[74] "The inescapable conclusion is that the co-operative governance model of Thornhill Green has not worked as envisioned. In my view, an operational change is necessary."
[78] "Although there will be an impact in the change in status on residents, it must be recognized that the status quo has not worked and change is necessary. The proposed change is, in these circumstances, fair, reasonable and equitable."
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COST ENDORSEMENT
[6] "Costs are awarded in favour of the Region on a partial-indemnity basis in the amount of $15,000 inclusive of GST and disbursements, payable by Thornhill Green and CHFC."
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Review Court Files and Case Information in regards to Thornhill Green Co-operative Homes Inc.
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CHF Canada, Ontario Region media release's:
January 7, 2011
"Supreme Court turns down Thornhill Green's appeal request"
CHFCANADA.COOP
http://tinyurl.com/4erku4p
June 2, 2010
"Ontario Court of Appeal Allows York Region Takeover of Thornhill Green Co-op."
CHFCANADA.COOP
http://tinyurl.com/4aah3ks
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The News Media reporting on the Court proceedings of the Thornhill Green Co-op receivership, and sale of the Co-op to Housing York Incorporated, appear to have failed to raise attention to an important fact that the Co-op board and membership had a proposal to sell the Co-op units to themselves.
ReplyDeleteExample:
At the Co-op Annual General Meeting on September 23, 1997, the Co-op membership unanimously approved their own proposal to convert the Co-op property to a private Condominium for their own individual personal self-interest. In 1998, the then Co-op board and members approached the Ministry of Housing regarding their proposal to convert the Co-op property into a Condominium. The proposed sale would have allowed the Co-op members to purchase their own Co-op units by buying out the social housing mortgage, at purchase prices far below the Co-op market value. The Co-op members proposal was unsuccessful as it violated provisions of the Co-operative Corporations Act ("CCA"), and the Thornhill Green Co-op Articles of Incorporation.
In regards to the proposed sale of Thornhill Green Co-op to its members, it reminded me of the legal case that involved Bridlewood Co-operative Inc. back in 2005 that also involved the Ontario (Superintendent of Financial Services), Ken Skinner, Bridlewood Co-op member, and CHF Canada.
On April 5, 2005, the Ontario Superior Court of Justice, in its 21-page decision, ruled against the sale of Bridlewood Co-op to its members as it violated the CCA.
2005 CarswellOnt 245 - Docket: 04-CV-280686, 04-CV-278076CM2
Ken Hummel, Administrator, CHIE