s.94.10 — Application to Board, without notice, based on member’s withdrawal, consent or notice

94.10 (1) A co-operative may, without notice to the member, apply to the Board for an order terminating the member’s occupancy of a member unit and evicting the member in any of the following circumstances: 1. The member gave written notice of his or her intention to terminate his or her membership and occupancy rights under section 171.8.1 of the Co-operative Corporations Act and the member has not withdrawn the notice under that section. 2. The member has consented in writing to the expiry of his or her membership and occupancy rights under subsection 171.9 (1) of the Co-operative Corporations Act. 3. The member has not given a written notice under paragraph 1 of subsection 171.9 (3) of the Co-operative Corporations Act that he or she wishes to continue his or her membership and occupancy rights. 4. The member gave notice to terminate his or her membership and occupancy rights under section 171.9.1 of the Co-operative Corporations Act. (2) The co-operative shall include with the application an affidavit verifying, (a) the member’s notice of intention to terminate his or her membership and occupancy rights under section 171.8.1 of the Co-operative Corporations Act and his or her failure to withdraw the notice under that section; (b) the member’s consent in writing to the expiry of his or her membership and occupancy rights under subsection 171.9 (1) of the Co-operative Corporations Act or his or her failure to give a written notice under paragraph 1 of subsection 171.9 (3) of that Act that he or she wishes to continue his or her membership and occupancy rights; or (c) the member’s notice to terminate his or her membership and occupancy rights under section 171.9.1 of the Co-operative Corporations Act. (3) An application under subsection (1) shall not be made later than 30 days after the date on which the membership and occupancy rights terminated or expired under section 171.8.1, 171.9 or 171.9.1 of the Co-operative Corporations Act, as the case may be. (4) On receipt of the application, the Board may make an order terminating the member’s occupancy of the member unit and evicting the member. (5) An order under subsection (4) is not effective before the later of, (a) the date on which the co-operative applied to the Board under subsection (1); and (b) the date on which the membership and occupancy rights terminated or expired under section 171.8.1, 171.9 or 171.9.1 of the Co-operative Corporations Act, as the case may be. (6) The member may make a motion to the Board, on notice to the co-operative, to have the order under subsection (4) set aside within 10 days after the order is issued. (7) An order under subsection (4) is stayed when a motion to have the order set aside is received by the Board and shall not be enforced under this Act or as an order of the Superior Court of Justice during the stay. (8) If the member makes a motion under subsection (6), the Board shall, after a hearing, (a) make an order setting aside the order under subsection (4), if, (i) the member did not give written notice of his or her intention to terminate his or her membership and occupancy rights under section 171.8.1 of the Co-operative Corporations Act or the member withdrew the notice of intention to terminate with the consent of the board of directors, (ii) the member did not consent in writing to the expiry of his or her membership and occupancy rights under subsection 171.9 (1) of the Co-operative Corporations Act, (iii) the member gave a written notice under subsection 171.9 (3) of the Co-operative Corporations Act that he or she wishes to continue his or her membership and occupancy rights, or (iv) the member did not give notice to terminate his or her membership and occupancy rights under section 171.9.1 of the Co-operative Corporations Act; (b) make an order setting aside the order under subsection (4), if the Board is satisfied, having regard to all the circumstances, that it would not be unfair to do so; or (c) make an order lifting the stay of the order under subsection (4), effective immediately or on a future date specified in the order.