Part 5 – March 7, 2017

Finally, we got our day in court (or so we thought at the time).

The day started with John sitting in the hearing room with Agostino. As we were waiting for the hearing to start, John caught my eye, smirked, then picked his nose and ate it. This was the first of many times he’d use this particular technique to create a visceral reaction of disgust, hoping to exploit his victim’s reaction. I suspect it is one of his favorite gaslighting techniques. It just amused me in an odd way. It’s a bit weird to watch behavior most people outgrow by the age of three in a man in his sixties.

About an hour later, John was apparently thirsty so he walked to the front of the hearing room (while a hearing was in progress) and helped himself to a cup of water from the security guard’s table. John didn’t bother to ask. The security guard was a bit nonplussed but didn’t stop him.

The hearing began with Sean Henry hearing our T2 Application, SOT-77864-17. I had filed this application on the advice of a lawyer from the |Hamilton Legal Clinic who told me that if I “wanted action any time in the next year” I should file the lack of heat as a T2, not a T6. That turned out to be bad advice.

The T2 was dismissed (with consent of the tenants) because the issues were more properly covered in the T6 Application (SOT-77620-16).

2017-03-07 – 1 – SOT-77864-17 – Hearing Recording – edited for posting

Sean Henry did comment that he sees “a lot of plastic bags” when speaking to John. This was the first of many times John would come to LTB merit hearings with three or four plastic one-use grocery bags fulls of scraps of paper. There was no hint of any organization to any of it.

At the end of the hearing, Member Henry commented that we had not been served well by the CMH not distinguishing between the T2 and the T6. I agree with that (knowing now (August 17, 2019) what I didn’t know then). If it were happening today, I wouldn’t have filed the T2 (or the T7). On the other hand, John hijacked that CHM, so Ms Rossiter did what she could.

On the other hand, it only took 22 minutes of hearing time to sort that out.

The T7 was withdrawn with consent (John had disclosed the information I wanted most out of that). That took 12 minutes of hearing time, most of it educational for me (and, I suspect, Member Henry. T7 applications are uncommon).

2017-03-07 – 2 – T7 – Hearing Recording – edited for posting

Then, on to the T6 Application. At this point, it was a simple maintenance application, and some of the issues were the subject of a compliance order from Property Standards (and later, more of them).

Some highlights include John cackling out loud and Member Henry offering to adjourn while John got control of himself (at 12:00 in the hearing recording), John claiming he left his copy of the work order in our apartment when asked for it (at 26:30 in the hearing recording), and at 53:00 into the hearing John tried to raise the issue of unpaid rent. That didn’t fly and Member Henry was quite abrupt with the attempt. (Rightly so. If John thinks he was owed rent, the correct procedure is to file an N4, and if the rent is not paid by the termination date, file an L1 Application. John was trying a short cut.)

AT 1:11:00 in the hearing recording, Member Henry makes his pitch for mediation. A few minutes in, John claimed to have been refused entry to the unit (he hadn’t) and refused mediation, stating “I’ve tried to talk to them.” (he hadn’t).

So, after we’d presented our evidence in chief, John’s cross examination began. John had a little trouble with the concept of a question (he makes speeches instead) and after Member Henry’s pitch for mediation, John resumes his cross examination by asking me if I still worked for Active Energy (I guess he never read my other blog). When I answered no, John tries to find out my income. John was worried about how we’d pay the rent.

That’s absolutely none of a landlord’s business.

The hearing was adjourned to the next available date.

After the hearing, my roomate called Agostino to try and make arrangements to pay the rent. She was getting frustrated at the games our landlord was playing.

2017-03-07 1757 – call to Auggy about rent

Not very productive.

At 18:25, Agostino called back. My roomate did not answer the call. He left a message.

2017-03-07 1825 – Message from Agostino to Roomate

Since my roomate had just spent 20 minutes on the phone on that same subject, she didn’t call back.

At 18:55 Richard called and left a message.

2017-03-07 1855 Message from Richard to Roomate

Apparently, this bunch never let one another know what’s going on.

The rent didn’t get paid today.

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