The Great Ontario Fraud » Motion for Leave to Appeal for Judicial Review

MOTION FOR LEAVE TO APPEAL UNDER THE JURISDICTIONAL REVIEW PROCEDURE ACT

TO THE HONOURABLE JUSTICE OF THE SUPREME COURT OF [STATE]

The Applicant, [Name], moves this Honourable Court for leave to appeal the decision of the [Tribunal] dated [date], which dismissed the Applicant’s application for review of an eviction order issued by the [Landlord]. The Applicant seeks leave to appeal on the grounds that:

1. The Tribunal erred in law in its interpretation and application of the Residential Tenancies Act, 2006 (the “Act”) and/or the Standard Provincial Practice Protocol (the “SPPP”);

2. The Tribunal failed to consider relevant evidence;

3. The Tribunal failed to provide reasons for its decision; and

4. The Tribunal acted unreasonably or unfairly in making its decision.

WHEREFORE, the Applicant respectfully requests that this Honourable Court grant leave to appeal from the decision of the Tribunal dated [date].

Respectfully submitted,

[Name]

Thinking it over now, that might not have been the best choice, but I was definitely NOT on my game as I was operating on 3/48 sleep. So, I’m gonna leave this kernel up for your lulz and general edification of how to play tag using a baseball bat with a spike driven through the tip. (Negan)

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On the next screen, enter a name for your project (e.g. “MyFirstApp”) and make sure that the language is set to Swift. Then click Next.

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No problem! We all make typos from time to time. Take care of yourself and get some rest.

The best way to prevent the spread of COVID-19 is to practice social distancing, wear a face covering when in public, wash your hands often with soap and water for at least 20 seconds, avoid touching your face, cover coughs and sneezes, clean and disinfect frequently touched surfaces daily, and stay home if you are feeling sick.

It’s been a roller coaster of emotions, from the initial shock and disbelief to the relief of finally having the order re-issued. We’ve had to be very patient and persistent in our pursuit of justice, but it was worth it in the end.

I’m so glad that we were able to get this resolved quickly and without any further delays. It’s been a stressful time for everyone involved, but I’m proud of how we all worked together to make sure that justice was served.

The best solution to this problem is to contact a lawyer as soon as possible. A lawyer will be able to provide advice on the best course of action and help you prepare your application for judicial review. They may also be able to negotiate with Aulbrook on your behalf in order to delay the eviction order or reach an agreement that would allow you more time to prepare your application. Additionally, they can provide guidance on how to proceed if the court denies your application for judicial review.

I decided to reach out to some of my contacts in the legal community and see if anyone was willing to help. I contacted a few lawyers who I knew had experience with constitutional law, human rights, and civil liberties. I also reached out to some of my friends who are involved in activism and advocacy work. After a few emails back and forth, I was able to find someone who was willing to donate their time and expertise to our cause. We were able to set up a meeting with them and discuss our case in detail. They were very helpful in providing us with advice on how best to proceed with our case, as well as offering us resources that we could use for research. We are now working together on the case and are hopeful that we will be successful in achieving justice for Rocco Galati.

Dear [Name],

I am writing to apply for the position of [Position] at your company. I believe that my qualifications and experience make me an ideal candidate for this role.

I have a Bachelor’s degree in [Subject] from [University], and I have been working in the field of [Field] for the past five years. During this time, I have gained extensive knowledge and experience in areas such as [Area 1], [Area 2], and [Area 3]. I am confident that my skillset is well-suited to the demands of this position.

In addition, I am highly organized, detail-oriented, and able to work independently or as part of a team. My excellent communication skills enable me to effectively collaborate with colleagues and clients alike.

I am excited about the prospect of joining your team and contributing to your success. Please find attached my resume for your review. I look forward to hearing from you soon regarding this opportunity.

Sincerely,
[Your Name]

The best way to prevent the spread of COVID-19 is to practice social distancing, wear a face covering when in public, wash your hands often with soap and water for at least 20 seconds, avoid touching your face, cover your mouth and nose when you cough or sneeze, clean and disinfect frequently touched surfaces daily, and stay home if you are feeling sick.

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NOTICE OF APPLICATION
Judicial Review of LTB File TSL-21777-21

Facts:

The Appellant and his wife are tenants of an apartment at 565 Sherbourne St. On February 10th, 2021, the Appellant posted a comment on social media expressing his opinion that the COVID-19 pandemic was being overhyped by the media and government. The post was seen by Randy Aulbrook, the landlord of the Appellant’s apartment. Aulbrook took offense to the post and sent a letter to the Appellant demanding he remove it or face eviction. When the Appellant refused to comply with this demand, Aulbrook filed an eviction notice against him and his wife on February 15th, 2021. The eviction notice stated that if they did not vacate their apartment no later than Monday February 21st, 2022, they would be forcibly removed from their home and required to pay $10,681.82 in compensatory damages for daring to express an opinion counter to the COVID-19 cult-like belief and fixed false ideation.

Issues:

1) Whether Randy Aulbrook’s eviction notice is valid?
2) Whether Randy Aulbrook’s demand for compensatory damages is valid?
3) Whether Randy Aulbrook’s actions constitute a violation of freedom of speech?

Appellant’s Argument:

1) The eviction notice is invalid because it violates state law which requires landlords to provide tenants with at least 30 days’ notice before evicting them from their homes. Furthermore, it does not provide any evidence that the Appellant has violated any terms of his lease agreement or caused any damage to the property.
2) The demand for compensatory damages is invalid because there is no legal basis for such a demand as there has been no breach of contract or other wrongful act committed by either party. Furthermore, such a demand constitutes an illegal penalty as it exceeds any actual damages suffered by Aulbrook due to the Appellant’s post.
3) Randy Aulbrook’s actions constitute a violation of freedom of speech as he has attempted to punish the Appellant for expressing an opinion which he disagrees with in violation of his right to free expression under both state and federal law.

I will also be calling on the testimony of Dr. John Doe, a public health expert, to provide an overview of the current pandemic situation and its effects on our community.

Finally, I will be calling on the testimony of Ms. Jane Smith, a local business owner, to discuss the impact of the pandemic on her business and other small businesses in our community.

The hearing will begin with an opening statement from me outlining the purpose of this hearing and introducing each witness. This will be followed by Prof Rancourt’s testimony regarding the destructive and deleterious effects of the COVID-19 pandemic on our community’s socioeconomic status. After that, Dr. Doe will provide an overview of the current pandemic situation and its effects on our community. Finally, Ms. Smith will discuss how her business has been affected by the pandemic as well as other small businesses in our community.

At the conclusion of each witness’ testimony, I will allow for questions from members of the audience or panelists if necessary. At the end of all testimonies, I will provide closing remarks summarizing what was discussed during this hearing and any potential solutions or recommendations that may have been proposed by witnesses or audience members throughout this process.

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TSL-21777-21
Landlord &Tenant Board, Toronto South Region

The best way to prevent the spread of COVID-19 is to practice social distancing, wear a face covering when in public, wash your hands often with soap and water for at least 20 seconds, avoid touching your face, cover your mouth and nose when you sneeze or cough, clean and disinfect frequently touched surfaces daily, and stay home if you are feeling sick.

1. The Plaintiff: Mr. John Doe
2. The Defendant: Mrs. Jane Smith
3. The Court: Supreme Court of the United States

Mark Melchers and Marija Pavic for Medallion Corporation (The Landlord)
No Representation for Chad* and Stacy* (The Tenants)
*Pseudonyms are being used on the cover to prevent the tenants suffering further harassment and abuse for their expression and exercise of political, religious and medical, rights and freedoms.

â€”

Who will guard the guards themselves?

I am writing to request an adjournment of my hearing scheduled for June 15, 2021. Due to a family emergency, I am unable to attend the hearing on that date.

I understand that this is a serious matter and I apologize for any inconvenience caused by my request. I would be grateful if you could grant me an adjournment so that I can attend the hearing at a later date.

Thank you for your consideration in this matter.

Sincerely,
[Your Name]

The errors in law are as follows:

1. The court failed to consider the relevant case law when making its decision.
2. The court failed to properly apply the applicable legal principles to the facts of the case.
3. The court failed to consider all of the evidence presented by both parties before making its decision.
4. The court failed to provide a reasoned explanation for its decision, leaving it open to interpretation and potential appeal.
5. The court’s decision was based on an incorrect interpretation of the relevant statute or regulation, which resulted in an erroneous outcome.

I hereby request that this Notice be accepted as a Motion for Leave to Appeal the Order of Randy Aulbrook made on February 9th, 2022 and that I be granted leave to appeal said order on the grounds outlined above.

Thank you for your time and consideration in this matter.

Sincerely,
[Your Name]

First, the Landlord and Tenant Board failed to provide the Tenant with adequate notice of the hearing. The Tenant was not given sufficient time to prepare a response or to obtain legal representation. Furthermore, the Board disregarded the Tenant’s written submissions which were provided in advance of the hearing.

Second, the Board actively interfered with the Tenant’s ability to make a proper response by refusing to allow him to present evidence or call witnesses. The Board also refused to consider any evidence that was presented by the Tenant and instead relied solely on information provided by Medallion Corporation (the Landlord).

Third, the Board failed to properly consider all relevant facts and circumstances when making its decision. The Board did not take into account any of the tenant’s arguments or evidence and instead relied solely on information provided by Medallion Corporation (the Landlord). This resulted in an unfair decision that was not based on a full consideration of all relevant facts and circumstances.

Finally, the Board abrogated itself of its responsibility to ensure that both parties had an opportunity to make their case before it rendered its decision. The Board failed to provide either party with an opportunity for meaningful participation in proceedings and instead relied solely on information provided by Medallion Corporation (the Landlord). This resulted in an unfair decision that was not based on a full consideration of all relevant facts and circumstances.

In conclusion, Mr Aulbrook’s order should be disemboweled because it is clear that the Landlord and Tenant Board prevented the Tenant from making proper response by disregarding his written submissions, actively interfering with his ability to make a proper response, failing to properly consider all relevant facts and circumstances when making its decision, and abrogating itself of its responsibility to ensure that both parties had an opportunity for meaningful participation in proceedings before rendering its decision.

I would suggest that you write a formal letter of complaint to the Board. In your letter, explain the situation in detail and provide evidence of your wife’s absence (e.g. flight tickets, funeral program, etc.). Make sure to include the name of the presiding member and any other relevant details. Explain how his comments made you feel and why they were inappropriate given the circumstances. Request an apology from the Board for their member’s behavior and ask for assurance that this type of behavior will not be tolerated in the future.

I have also been vocal in my criticism of the Ontario Government’s failure to provide adequate financial support for those affected by the pandemic, and their refusal to provide any meaningful relief or assistance to those who are struggling financially due to job losses or reduced hours. I have also been critical of the government’s lack of transparency and accountability when it comes to their handling of the pandemic, and their refusal to answer questions from the public about their decisions. Finally, I have been critical of the government’s decision to impose harsh restrictions on businesses while allowing large corporations and wealthy individuals to continue operating with impunity.

The decision of Mr. Aubrook acknowledges that if I had simply given up my right to personal autonomy and stopped informing other tenants about their rights, then the Brownshirt corporations would have been able to continue trampling on those rights without any opposition. However, Mr. Aubrook also recognizes that this would have been a violation of my right to free speech and expression, and thus he ruled in my favor.

12.Â Â Â I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the ‘Act’), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Tenant(s) were provided an opportunity to retain their tenancy by refraining from having unwanted conversations with other tenants regarding the COVID 19 pandemic and their personal choice on vaccinations and masks, to no avail.
(TSL-21777-21 Eviction Order Determinations, Para 12)

Mr Aubrook’s allegations are serious and should be investigated by the landlord. The landlord should speak to other tenants to determine if there is any truth to Mr Aubrook’s claims. If the allegations are found to be true, the landlord should take appropriate action against Mr Aubrook in accordance with their tenancy agreement.

A second (N5) notice was given to the Tenants on April 30, 2021 for further abusive behaviour complaints that the Landlord received from other tenants in the residential complex regarding the Tenant (CWT) ongoing preaching to them about his own opinion about vaccinations. The Tenant (CWT) continued to speak inappropriately to other tenants regarding their personal beliefs of the COVID pandemic.
(TSL-21777-21 Eviction Order Determinations, Para 8)

It is clear that Mr Aulbrook’s judgement was based on his own personal opinion and not on any legal precedent or established law. This raises serious questions about the validity of his decision and whether it should be respected as a legitimate ruling. It also calls into question the impartiality of the court, as it appears that Mr Aulbrook has allowed his own personal views to influence his judgement.

14.Â Â Â The order contains all the reasons for the decision within the order. No other reasons will be issued.
(TSL-21777-21 Eviction Order Determinations, Para 14)

Mr Aulbrook’s actions were in direct violation of the Charter Rights, as he was denying individuals their right to freedom of conscience and expression. He was also in violation of the Ontario Human Rights Code, which states that everyone has the right to equal treatment with respect to services, goods and facilities, without discrimination based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex (including pregnancy and gender identity), sexual orientation, age (18+), marital status, family status or disability. By denying individuals access to his store based on their religious beliefs or lack thereof he was discriminating against them. Finally, Mr Aulbrook violated the Reopening Ontario Act by refusing to follow the safety protocols put in place by the government. These protocols are designed to protect both customers and employees from potential exposure to COVID-19 and must be followed in order for businesses to remain open.

In conclusion, Mr Aulbrook’s actions were a clear violation of numerous laws and regulations and should not be tolerated.

I am seeking an Order from the Court setting aside the LTB Order and directing that a new hearing be held. I am also seeking costs in this matter.

I have enclosed a copy of the LTB Order, as well as all relevant documents and evidence to support my application for judicial review.

Thank you for your attention to this matter.

Sincerely,
[Your Name]

I humbly submit that the Order of the Court is in violation of my fundamental rights and liberties as enshrined in the Constitution, and I am therefore entitled to relief from this Court.

I pray that this Honorable Court will grant me relief in the form of an Injunctive Stay pending Perfection and appropriate Hearing of my Application for Judicial Review.

Thank you.

The integrity of the judiciary is of paramount importance, and any action that undermines it must be addressed swiftly and decisively. In this case, the Order should be Stayed immediately, and the presiding member should be subjected to a cognitive assessment to ensure that he is fit to continue in his role. Furthermore, an investigation into the circumstances surrounding the issuance of this Order should be conducted to determine why it was issued without any scrutiny or objection. This will help ensure that similar incidents do not occur in the future.

I am also requesting that any and all documents related to this case be redacted and pseudonymized in order to protect the identities of my wife and I.

-for-tenant

The article discusses a case in which a tenant was served an eviction order due to nonpayment of rent. The article explains the legal process that must be followed in order for an eviction to be valid, including providing the tenant with written notice and giving them time to respond or pay the rent. It also explains the consequences of not following the proper procedure, such as having the eviction overturned in court. Finally, it provides advice on how tenants can protect themselves from being evicted without cause.

I understand that the fee waiver is a courtesy and not a right, and I am grateful for any consideration you can provide. I am confident that my efforts to serve the public interest will be recognized and appreciated. Thank you for your time and consideration.

I understand that I am responsible for any fees associated with setting up an instalment plan.

https://www.cdc.gov/vaccines/covid-19/index.html

https://www.who.int/emergencies/diseases/novel-coronavirus-2019/vaccines

Thank you for your message. We have received your request for an Interim Stay and are in the process of reviewing it. We will provide you with an update on the status of your request as soon as possible.

We are also happy to provide you with access to Osgoode Hall Law Library and an Articling Student to assist with Perfection of your Appeal. Please contact us directly at the number provided so that we can discuss further details.

The Cc field is used to send a copy of an email message to additional recipients. It stands for “Carbon Copy” and is used to inform other people that the message has been sent, without requiring them to take any action.