Deference versus Security of Tenure : Eviction of Residents of Subsidized Housing Co-Operatives at the Superior Court of Justice for Ontario, 1992-2009

Explores the different levels of protection against arbitrary eviction for Ontario residents of subsidized government housing and those living in a housing cooperative or another type of subsidized housing. The difference comes from the evolution of the case law over the last decade, where all evictions from residential tenancies, except housing cooperatives, have been removed from the jurisdiction of courts. This is based on the theory that cooperatives function as democracies and residents who accept subsidized housing in a housing cooperative, voluntarily lose the legislative rights that protects all other tenants. This area of law has become unsustainable. The court should remember why it treated eviction cases differently and re-establish previous practices which provided fair and accessible to the poorest of Ontarians serve as trial courts