Part XX-5 – February 1, 2019 – March 7, 2019

In the first week of February, 2019, we received Notices of Hearing for our applications (SOT-77620-16, SOT-80393-17, SOT-91682-18, and SOT-99829-18) and John’s related L2 application (SOL-84218-17) for March 7, 2019. John’s L1 application (SOL-01207-19) was scheduled to be heard on March 19, 2019. John’s newest L2 application (SOL-01323-19) was scheduled to be heard on March 29, 2019. That one had been filed on January 24, 2019, the same day the second N5 was delivered to our apartment.

{insert hearing Notice SOL-01323-19}

Amazing. At this point, our landlord had managed to have hearings on all of his eviction applications. We hadn’t managed to have either a maintenance application, or three applications alleging serious misconduct by our landlord, heard in over two years. This wasn’t because of any bias in favor of landlords by the LTB, at least not that I can tell (other than a general attitude that a landlord’s financial interest is paramount). It was the result of the strong bias the LTB (or at least one adjudicator, Sean Henry) has against self represented litigants, sleazy and sharp practice by paralegals, and what appears to my eyes to be a world class cluster fuck-up on the part of the LTB (and I’ll fill in the details of that fiasco later. I’m not a lawyer, but what has been going on bears no resemblance whatsoever to natural justice).

At least there was a bit of breathing room between the hearings this time. There’s an element of chance in the process of generating multiple hearings and it just hadn’t worked out for Greenway.

And, as usual, repair requests were ignored.

2019-02-03 call to Auggy about lack of hot water and almost no cold

So were multiple telephone calls made to Jennifer Greenway to make an appointment to drop off disclosure and get a receipt for it. So I sent her an email on February 19, 2019:

and dropped of two flash drives containing the videos, audio recordings and documents relating to John’s latest misdeeds. Those videos included videos of John Cerino’s entry to our unit on Oct 16, 2018 (which will be posted) showing John completely ignoring the consent order issued at the last merit hearing for the group of related applications. John and Agostino both appear to be completely unaware of the contents of that order in some of the videos. There were also videos of the encounter with Richard Pollington on December 6, 2018, the assault by Jeremy Stamper on November 23, 2019, and encounters with Christina and Ron Stamper and Richard Pollington that showed their antagonistic and unreasoning hostility. It had also occurred to me that John may not have given Greenway all of the previous disclosures so I included a selection from previous disclosures.

Dislcosure to Greenway

I never did get my receipt. Or an acknowledgment for my email. There is nothing in the LTB rules of procedure that require someone served with disclosure to write a receipt. John’s last paralegal had used that to claim she had not been given disclosure. I wasn’t going to give Greenway the chance to do the same.

Four days later, I got this email.

Uh huh. I have no idea if Ms Greenway actually did have a schedule conflict (I haven’t checked the docket in Burlington yet) but this was starting to look familiar. The bullshit L2 application was going nowhere, and the hearing was scheduled too late to do any good for John. This smelled like a second attempt to use the same L2 application to create multiple hearings simultaneously. I had planned to fight her request to adjourn, but since it would be the landlord’s first request for adjournment (in this application) it would likely be granted. The L2 Application should have been filed as a related application, but wasn’t. That left Greenway free to manipulate the system in the same tired familiar way that John’s last representative had done. Which is exactly what Greenway did.

I did not receive any replay to my request to discuss the matter by telephone, and Greenway never filed a request to adjourn with the LTB for the merits hearing on March 29, 2019.

On Feb 28, 2019 while I was waiting for a cab on the corner in front of the building, Ron Stamper had a few words to say. I ignored it; I was in a bit of a hurry and didn’t have time for the circus at the moment. I had been waiting on the corner for a cab, and I thought the one visible at the beginning of the video was the one I’d called so I turned off the camera to get in. But the cab kept driving, so I turned the camera back on and waited. Here’s what happened:

2019-02-28 – Ron Stamper on the lawn – subtitles

On March 6, 2019 a package containing approximately 40 sheets of paper was slid under our front door. There was no indication of the purpose of the documents, but some were related to the last T2 application ( SOT-99829-18, or so it appeared) I wasn’t certain if this was intended as disclosure for the merit’s hearing the next day. If it was, the timing of the disclosure ignored the disclosure regimen imposed by Member Henry {insert link to interim order}.

One was a letter from Jeremy Stamper saying he could not attend the hearing due to criminal charges pending against him (as a result of his assault on me on November 23, 2019). Another was a letter from Christina Stamper saying she could not be at the hearing for the next day because she was being admitted to the hospital.

The third document was a copy of a private information, prepared by Greenway, in Richard Pollington’s name. That was interesting. It seemed to me that John Cerino was stooping to new depths of abuse of process, aided by another sleazy paralegal. After numerous attempts to frame us for offenses under the RTA, and then numerous attempts to have us charged with criminal offenses based on false complaints, it looked like John Cerino was expanding his abuse of process to include a criminal court.

Serving us (self represented litigants in a very complex case that had been complicated by previous sharp practice) with this steaming pile of bovine fecal matter (that could not possibly be used in the hearing the next day) is nothing more than an attempt at intimidation. This was an attempt to distract and bully.

Neither of us is easily bullied, Ms Greenway. Besides, I knew something about the way a private information work.

The last document was a copy of the T2 Application for Tenant Rights that I’d filed with the LTB on December 10, 2018.

So I left a message for Greenway.

phone_20190306-161007__19055169149

There was no response before the hearing.

On March 7, 2019 we were prepared to present our evidence to the panel of two members. When the hearing started, there was only one, Sean Henry. Member Henry explained that the panel had been dissolved, that he would be hearing the applications alone, and by the way, we’d be starting over from scratch. Nothing of what happened before in hearings counted.

What the fuck?

Not much got accomplished in that hearing, although we did get a ruling (mistaken in fact, I believe) that Agostino was not a co-landlord. Ill fill in a detailed explanation of what went on at that hearing once I have had a chance to review the hearing recordings.

Christina Stamper did attend the hearing (it turns out her hospital admission was bogus), Jeremy didn’t. Greenway did try to use two of the documents she’d disclosed the night before, but it the member had already ruled against her on the point she was trying to make and there was no chance to object to her disregard of the disclosure regimen. Oh well.

Our applications (SOT-77620-16, SOT-80393-17, SOT-91682-18, and SOT-99829-18) and John’s related L2 application (SOL-84218-17) were adjourned until the next available date. We were not aware of it, but at this point the Vice Chair of the LTB had directed that any new applications NOT be joined to the mess.

The Interim Order that resulted from this hearing is here:

As we were leaving the hearing, John, Agostino and Greenway came onto the same elevator as my roomate and I. As we went to the ground floor of the building, John took out his cellphone and began taking photos of me. I asked him in a loud voice “Please stop photographing me”, and he did, Greenway was standing beside him in the elevator. John always acted like a prick before and after hearings, but not in front of his representative until now.

After we exited the building, my roomate and I waited outside for a cab. We walked down the street and John followed, recording us on his cell phone. When I asked him again not to record us, he giggled and kept recording. John could see I wasn’t holding a cell phone. But I had a smaller camera in my pocket. (It’s a one inch black cube that can record 20 hours of HD video on a single charge and is small enough to be easily concealed. Handy little gadget. It’s the same one I used to get the video of Ron Stamper swearing at me on the lawn on February 28, 2019.) I managed to get some video of John’s antics before he caught on that he was being recorded. A sample is here:

2019-03-07 John follows us with a camera at LTB

There was no reason to be recording us. We changed direction several times as we walked; John followed right along.

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