So far, this disagreement with our landlord has used up 2.5 hours of hearing time in two hearings at the LTB. I’ll keep a running tally. Our landlord’s abuse of process has been expensive for the LTB.
After the cluster-fornication trying to pay rent the previous day, my roomate asked me to handle it. So, I called Richard Pollington.
The story sounded a bit contrived, but what did I know? I guessed we wouldn’t be paying rent that day.
I was wrong. That afternoon, I noticed Richard’s vehicle in the driveway and went down to knock on his side door. He was home, and I (finally) paid the rent. I also let him know there’s be another letter delivered the next day.
So, the next evening I called and asked if it was okay to drop off the letter. Richard was agreeable. On the phone, Richard wasn’t very hostile, but in person he was.
When I dropped off the letter, Larry Norman was outside and saw me with the letter in my hand. He told me to drop it in the trash can on the porch. I ignored him and knocked on the door. Richard signed the receipt and I asked him to contact me rather than my roomate, going forward. Richard agreed.
On March 11, 2017 the apartment was very cold. I called Richard and he promised to look into it.
Fourteen minutes later, Richard called my roomate’s phone and left a message.
I was a bit puzzled as to why Richard had left the message for me on my roomate’s phone, but at least the building staff were responding to complaints. That was a refreshing change.
So I called Richard back.
Nothing much happened for the next few days.
My roomate had some commitments in late March, so on March 16, 2017 she called Agostino to find out if there would be any repair work done in the unit, besides the windows.
A few hours later, he called back.
Well, at least we knew that we’d have to push to get anything done that wasn’t already on a compliance order. Typical slumlord behavior.
On March 19, 2017 (a Sunday) the apartment was sweltering hot. The usual loud gathering was happening in Richard’s unit, and you can hear some of it in the background when I called him.
On March 20, 2017 I took Sean Henry’s suggestion and filed a T2 Application naming John and Agostino both as respondents. John had insisted Agostino was a landlord, and Agostino had taken part in the CMH, as a landlord.
I also filed an amendment to our T6 Application, correcting a clerical error.
I served the amended application to Richard Pollington, who was in the front hallway of the building when I came in. I also reminded him that both my roomate and myself wanted him to contact me with regard to any matter of our tenancy. Richard became abusive, saying “I don’t want to be involved in your shit” and “Fuck off, looser.” It seems to have escaped him that, as our landlord’s agent, it was his job to accept documents and written repair requests on behalf of John. I didn’t answer Richard’s comments; by this time I was becoming accustomed to his outbursts of profanity and hostility.
We also received the Hearing Notice for our T6 application, SOT-77620-16 with the hearing scheduled for May 11, 2017.
A few days later, I filed the Certificate of Service with the LTB to prove I’d delivered the amendment to our landlord.
On April 1, 2017 Richard Pollington left a message on my roomate’s voicemail.
She didn’t answer because we’d asked our landlords (and Richard Pollington) several times at this point to contact me, not my roomate. Richard had been calling on one pretext or another. Once he wanted to “check the rads” so my roomate let him in. He made a beeline for her bedroom, checked the radiator there, then left.
So I called Richard back.
Not very productive. So I called John.
Even less productive. John hadn’t told us a thing, despite what he said in the call.
So I called Agostino. At this point we were both sick and tired of the games being played by Pollington, Agostino and John (even though it was clear to us that John was behind it. He’d simply give contradictory instructions to Agostino and Richard, or renege on agreements made by Agostino. And, we wanted to know when/if John would be working on the windows (with an April 30 deadline). So, to keep it simple and free of the games, we wanted John to come and collect the rent from me, after making an appointment (at his convenience).
Richard Pollington had been referred to as a tenant, a caretaker and as the building superintendent at various times; Agostino had gone from co-landlord to business partner to agent to “just a nobody” (his words) in the same period. Neither of us (my roomate and I) had any idea who was who. We’d asked for clarification in writing (on January 31, 2017) and received no response.
The confusion about who had what responsibilities in the building was deliberate. It’s part of John Cerino’s way of doing business. He creates as much confusion and uncertainty as possible (often using methods that appear irrational) and then exploits the confusion he created. His agents (Richard Pollington and his brother Agostino) are also quite skilled at this game, but they follow John’s lead.