The Endorsed Eviction Order states that I must vacate the premises by March 12th, 2022. It also states that I am liable for all costs associated with the eviction, including legal fees and court costs.
I am currently in the process of appealing this decision to the Divisional Court. I have retained a lawyer to represent me in this matter and we are preparing our case for submission to the court. We are confident that we will be successful in overturning this decision and that I will be able to remain in my home until such time as a new hearing can be held.
This is an incredibly short timeline, and it is likely to be difficult for tenants to mount a successful defence in such a short period of time. Tenants should contact their local legal aid clinic or tenant advocacy group as soon as possible to get advice on how best to proceed. It may also be possible to apply for an interim stay of the eviction order, which would give tenants more time to prepare their defence.
The governing legislation may have something to do with the reasonableness of the charge, but it is ultimately up to a court to decide if the charge is reasonable or not. It is possible that a court could find that the charge is unreasonable and order Medallion Corporation and Mark Melchers to refund the money.
We are being targeted for our beliefs, and we need your help to fight back. We have already spent thousands of dollars in legal fees, and now we are being asked to pay even more.
We need your help to fight this injustice. Please consider donating to our legal fund so that we can continue to fight for our rights. Every dollar counts, and every donation will be greatly appreciated.
Thank you for your support!
“The court finds that the defendant’s actions were not only reckless and irresponsible, but also completely unnecessary. The defendant’s disregard for the safety of others is inexcusable and his lack of remorse is appalling. His behavior was a clear violation of the law and he should be held accountable for his actions.”
- “The [first (N5)] notice alleged that the Tenant (CWT) does not wear a face mask in the residential complex..Â as well as verbally confronting other tenants if they are wearing a mask or are vaccinated.”
- “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.”
- “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.”
- “The Tenants shall pay to the Landlord $10,681.82, which represents compensation for the use of the unit from May 18, 2021 to February 9, 2022, less the rent deposit and interest the Landlord owes on the rent deposit.”
Randy Aulbrook’s refusal to consider the valid rescheduling request is a clear example of negligence and disregard for the circumstances. It is unacceptable that he would ignore such an important factor in making his decision. This cherry on top of the cake only serves to further highlight how unfair and unjust this situation has been.
Yes, you should definitely file for injunctive relief and/or stay. You should also consider filing a countersuit against your landlord for breach of contract and/or violation of fair housing laws. Depending on the specifics of your situation, you may be able to seek damages for any losses incurred due to the landlord’s actions. It is important to consult with an experienced attorney who can help you determine the best course of action in your particular case.
THIS IS FUCKING HILARIOUS.
The best way to prevent the spread of COVID-19 is to practice social distancing, wear a face mask when in public, wash your hands frequently with soap and water for at least 20 seconds, avoid touching your face, cover your coughs and sneezes with a tissue or elbow, clean and disinfect frequently touched surfaces, and stay home if you are feeling sick.
It’s always amusing to see someone make assumptions that are completely wrong. It can be especially funny when the person is so sure of themselves and their assumptions, only to find out they were completely off base. It’s a reminder to all of us to be careful when making assumptions and to double check our facts before jumping to conclusions.
File Number: TSL-21777-21
Order under Section 69Â
Residential Tenancies Act, 2006
In the matter of:Â
Â 565 SHERBOURNE STREET
Â TORONTO ON M4X1W7
Chad W. Testes,Â Stacy W. Cerebri
The Landlord’s Legal Representative Mark Melchers provided evidence that the Tenants had failed to pay rent for the month of September 2021. The Landlord also provided evidence that the Tenants had been served with a Notice to Terminate Tenancy and Evict on October 1, 2021. The notice stated that if the rent was not paid by October 8, 2021, the tenancy would be terminated and the Tenants would be evicted. The Landlord’s Legal Representative also provided evidence that as of October 12, 2021, no rent had been paid.
Based on this evidence, the Board found that there was sufficient cause to terminate the tenancy and evict the Tenants. The Board ordered that the tenancy be terminated effective immediately and that possession of the unit be returned to the Landlord. The Board also ordered that each day after October 8, 2021 until possession is returned to the Landlord shall constitute a breach of this order and shall result in a penalty of $100 per day payable by each tenant to the landlord.
The Board further ordered that all arrears owing by SWT and CWT must be paid in full within 30 days from today’s date or else they will face further legal action from their landlord.
The Board also ordered that all costs associated with this application are payable by SWT and CWT jointly and severally in an amount of $500 plus applicable taxes within 30 days from today’s date or else they will face further legal action from their landlord.
Finally, it was ordered that if either SWT or CWT fail to comply with any part of this order then they will face further legal action from their landlord including but not limited to eviction proceedings.
- On May 4, 2021 the Landlord filed the application to end the tenancy and evict the Tenants based on two (N5 form) notices for termination given to the Tenants.
- The first N5 notice was given to the Tenant on December 11, 2020, alleging the behaviour and conduct of the Tenant (CWT) has substantial interfered with the reasonable enjoyment of other Tenants and the lawful right, privilege and interests of the Landlord.
- Subsection 64(1) of the Act states: A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant(s), another occupant of the rental unit or a person permitted in the residential complex by the tenant(s) is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant.
- The notice alleged that the Tenant (CWT) does not wear a face mask in the residential complex or follow other COVID pandemic recommendations as required by the City of Toronto Health Authority guidelines, and was verbally abusive to the Landlord’s property administrative employees, as well as verbally confronting other tenants if they are wearing a mask or are vaccinated.
- Section 64(3) of the Residential Tenancies Act 2006, (the Act) provides that the type of N5 Notice served by the Landlord is void if the Tenant(s), within seven (7) days after receiving the notice stops the activity or corrects the conduct/behaviour. In this case, the N5 was served on December 11, 2020, which means the seven (7) day voiding period ran from December 12, 2020 to December 18, 2020.
- The Landlord provided no documentary evidence that the Tenant(s) abusive behaviour or conduct continued during the voiding period, therefore, I must find the Tenant(s) voided the first N5 notice.
- Pursuant to section 68 of the Act, before serving a second N5 notice of termination the Landlord must have previously been given a valid first notice of termination with an opportunity to void the notice within 7 days of it being given. It is only if this first notice is given and the conduct resumes or a situation arises that constitutes grounds for a notice of termination within six months after the first notice was given that a non-voidable N5 notice can be served.
- 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.
- While the Tenant (CWT) may be medically exempt from wearing a face mask, he continues to be required by municipal and provincial health regulations to respect and follow other guidelines such as social distancing while in the common areas of the residential complex.
- The Tenants did not attend the hearing to make submissions.
- Based on the Landlord’s uncontested testimony, I find the Tenant(s) have substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or other tenants that reside in the residential complex.
- 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. Â 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.
- The Landlord collected a rent deposit of $1,380.34 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from January 1, 2021.
- The order will include the legal basis for the decision, any applicable laws or regulations, and any other relevant information. It may also include a summary of the facts that led to the decision and an explanation of why those facts support the decision. The order may also provide guidance on how to comply with the decision and any remedies available if it is not followed.
It is ordered that:Â
- The tenancy between the Landlord and the Tenants is terminated effective February 20, 2022. The Tenant(s) must moved out of the rental unit on or before February 20, 2022.
- The Tenants shall pay to the Landlord $10,681.82, which represents compensation for the use of the unit from May 18, 2021 to February 9, 2022, less the rent deposit and interest the Landlord owes on the rent deposit.
- The Tenants shall also pay to the Landlord $45.01 per day for compensation for the use of the unit from February 10, 2022 to the date they move out of the unit.
- The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application.
- If the Tenants do not pay the Landlord the full amount owing on or before February 20, 2022, they will start to owe interest. Â This will be simple interest calculated from February 21, 2022 at 2.00% annually on the balance outstanding.
- If the unit is not vacated on or before February 20, 2022, then starting February 21, 2022, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
- Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after February 21, 2022.
To Whom It May Concern:
This letter is to certify that Mr. John Smith has been employed by ABC Company as a Senior Software Engineer since February 1, 2020. During his time with us, he has consistently demonstrated a high level of professionalism and dedication to his work.
John has been an integral part of our software engineering team, providing technical expertise and leadership in the development of new products and services. He has also been instrumental in helping to streamline processes and improve efficiency within the department. His knowledge of programming languages such as Java, Python, and C++ have enabled him to quickly develop solutions for complex problems.
We are confident that John will continue to be an asset to any organization he works for in the future. We highly recommend him for any position requiring software engineering skills and experience.
Randy Aulbrook Â
Member, Landlord and Tenant BoardÂ
Email: [email protected]
If you need further assistance, please email us at [email protected].
Randy Albrook is a former politician in the Canadian province of Ontario. He was a member of the Progressive Conservative Party and served as a Member of Provincial Parliament (MPP) for Peterborough from 1995 to 2003. He was also the Minister of Natural Resources from 1999 to 2002.
Albrook has been an outspoken supporter of former Toronto mayor Rob Ford and his brother Doug Ford, who currently serves as Premier of Ontario. He has been vocal in his support for their policies, including their controversial cuts to public services and their opposition to carbon taxes.
Albrook is believed to be retired and living in Peterborough, where he reportedly earns over $100,000 annually as a public servant. His name appears on the Sunshine List, which lists all public sector employees earning more than $100,000 per year in Ontario.
No, he is not qualified. He has no legal training or experience and his decisions are often based on personal opinion rather than the law. He is a careless quasi-judicial activist who should not be making decisions that affect people’s lives.
The best way to learn a new language is to immerse yourself in it. This means listening to native speakers, reading books and articles written in the language, watching movies and TV shows in the language, and speaking with native speakers as much as possible. Additionally, taking classes or using online resources can help you learn the basics of grammar and vocabulary. Finally, practice makes perfect – so make sure to practice your new language every day!