171.13 (1) After a person’s membership and occupancy rights are terminated under section 171.8, or if there is no member occupying a member unit, the non-profit housing co-operative may apply to the court for an order, (a)  declaring that the person’s membership and occupancy rights are terminated or that there is no member occupying the unit, as applicable; and (b)  directing that a writ of possession be issued. 1992, c. 19, s. 23; 2006, c. 19, Sched. C, s. 1 (1); 2013, c. 3, s. 9 (1). Application for eviction order (1.1) Subsection (1) does not apply in the circumstances in which Part V.1 of the Residential Tenancies Act, 2006 applies. 2013, c. 3, s. 9 (2). Application may also be for payment (2) In an application under subsection (1), the co-operative may also apply to have the order require that arrears of housing charges or compensation under section 171.10 or amounts owing under subsection 171.3 (4) be paid.  1992, c. 19, s. 23. Member unit must be occupied (3) An application under subsection (1) may only be made if the person against whom the order is sought is in possession of a member unit.  1992, c. 19, s. 23. Service of application and contents (4) The application shall be served on the respondent at least four clear days before the day for the return of the application and it shall contain a notice about how the respondent may dispute the application and a warning about what may be ordered if the application is not disputed.  1992, c. 19, s. 23. Form of notice and warning (5) The notice and warning shall be in the form approved by the Minister.  1992, c. 19, s. 23; 1997, c. 19, s. 3 (19); 1999, c. 12, Sched. I, s. 1 (14) ; 2018, c. 17, Sched. 9, s. 13. Dispute (6) The respondent may dispute the applicant’s claim by attending on the return of the application or by filing with the local registrar before the day for the return of the application a statement in writing setting out briefly the grounds upon which the respondent disputes the applicant’s claim.  1992, c. 19, s. 23. Payment to local registrar of amounts in dispute (7) No dispute to a claim for arrears of housing charges or compensation under section 171.10 may be made under subsection (6) on the grounds that the co-operative is in breach of obligations under the co-operative’s by-laws unless the respondent pays, to the local registrar, the amount of the housing charges and compensation claimed, by the co-operative, to be in arrears less any amounts of housing charges and compensation alleged, by the respondent, to have been paid, as substantiated by receipts filed or as verified by affidavit.  1992, c. 19, s. 23. Default judgment (8) If the claim of the applicant is not disputed, the local registrar may sign an order declaring that the membership and occupancy rights are terminated or declaring that there is no member occupying the unit or directing that a writ of possession issue or may give judgment for the amount of arrears of housing charges or for the amount of compensation under section 171.10 or amounts owing under subsection 171.3 (4), or any of them, in accordance with the claim.  1992, c. 19, s. 23. Setting aside default judgment (9) If the local registrar signs an order or judgment under subsection (8), the respondent may, within seven days after the service of it, by motion without notice apply to the judge to have the order or judgment set aside and the judge may so order upon being satisfied that reasonable grounds for dispute exist.  1992, c. 19, s. 23. Extension of time for motion to set aside (10) The judge may extend the time for bringing a motion under subsection (9) upon being satisfied that a proper case has been made for so doing.  1992, c. 19, s. 23. Hearing (11) If the claim of the applicant is disputed, the case may be set down for a hearing forthwith or at such time and place as the judge may appoint.  1992, c. 19, s. 23. Order and judgment (12) After a hearing, the judge shall determine the applicant’s claim and may make an order declaring the membership and occupancy rights terminated or declaring that there is no member occupying a unit or directing that a writ of possession issue or give judgment for the arrears of housing charges or for compensation under section 171.10 found due or amounts owing under subsection 171.3 (4), or any of them, and in any such order may impose such terms and conditions as the judge considers appropriate.  1992, c. 19, s. 23. (13) Repealed: 2013, c. 3, s. 9 (3). Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992; 1997, c. 19, s. 3 (19) - 10/10/1997; 1999, c. 12, Sched. I, s. 1 (14) - 22/12/1999 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2013, c. 3, s. 9 (1-3)
- 01/06/2014 2018, c. 17, Sched. 9, s. 13 - 08/06/2019 171.14 Repealed: 2013, c. 3, s.10. Section Amendments with date in force (d/m/y) 1992, c. 19, s. 23 - 24/08/1992 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2013, c. 3, s. 10 - 01/06/2014