Section 94.12 — Power of Board to refuse order

94.12 (1) Upon an application under section 94.7, 94.8, 94.10 or 94.11 for an order terminating a member’s occupancy of a member unit and evicting a member, the Board may, despite any other provision of this Act, the Co-operative Corporations Act, the by-laws of the co-operative or the occupancy agreement,

(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

(b) order that the enforcement of the order be postponed for a period of time.

(2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1).

(3) Without restricting the generality of subsection (1), the Board shall refuse to grant the application where satisfied that,

(a) the reason for the application being brought is that the member has attempted to secure or enforce his or her legal rights;

(b) the reason for the application being brought is that the member belongs to or participates in a members’ association or is attempting to organize such an association; or

(c) the reason for the application being brought is that the member unit is occupied by children and the occupation by the children does not constitute overcrowding.

Compensation for Co-operative