Wednesday July 19, 2017 – John and his crew were on the grounds, but made no attempt to enter the apartment. Marie was there all day, and I part of the day, and nobody ever knocked on the door.
Our notes on John’s behavior for the day are here (Doc 141):
Thursday July 20, 2017 – It was Marie’s turn to stand watch on the unit. Neither John nor his crew had arrived on site by 10:30 so I left because I had another appointment.
Around 11 am Donna May Lord called my roomate as someone was coming up the stairs. My roomate answered and had a brief conversation with Lord where Lord told her that John had claimed he had been denied access to the unit and that he was coming to measure windows. As my roomate was hanging up, John knocked on the door. My roomate’s notes are here (Doc 142):
I called John’s paralegal once I’d talked to my roomate. Apparently Property Standards had neglected to inform John that the window repairs had passed. Even if that were true, there was still no reason to enter Marie’s bedroom as there was no more work to be done on the windows in that room. As of January 31, 2020 (the last day of our tenancy) John has not done any further work on the windows in that room. The window with the two inch gap was in the kitchen, and the other questionable window was in the living room. The only objection we had to the repairs done to the bedroom windows was that the polycarbonite used instead of glass did not meet the standards of the OBC. (It’s also nasty stuff that yellows, cracks, and becomes opaque after a few years).
My notes for the day read (Doc 145):
Filed complaint with RHEU. (Follow up on 26 July 2017) Filed complaint with police re: asault (incident # 17-670910) Spoke with paralegal. She maintains notices are proper.
John also gave Marie (Doc 143), an N5 with a termination date of August 3, 2017. This N5 (and the one served on May 26, 2017 (Doc 113) would form the basis of John’s first L2 application SOL-84218-17 (which, as of May 21, 202 is still in hearings). The reasons for the Notice were given as follows (commentary in red):
That on or about May 15th 2017 you (Mr. Bosch) made rude comment to Richard Pollington (tenant & landlord agent), you called him a “DOUCHEBAG” , a comment that he found extremely offensive.
As far as I can recall, I did not speak to Richard Pollington on May 15, 2017. On August 10, 2017 Pollington testified That he “shrugged it off” and that he “didn’t let it bother me” when I allegedly called him a ‘douchebag’.
That on or about June 25th 2017, when landlord and his agents attempted to work on windows in your unit, you both continuously interrupt their work by your constant attempt to direct the work, you both started harassing the landlord by screaming at him and making verbal threats; all the while you were recording this without any consent to do so.
John did not enter our unit on June 25, 2017. His Notice of Entry was served on June 25, 2017 (a Sunday) (Doc 127). John was told that if he was not specific about the areas he needed access to, then only the areas we thought he would be working on would be prepared. That may be what he meant by “direct the work”. See Chapter 14 & 15.
That on or about June 26th 2017, when the Landlord and his agents were working on the windows on the premises including your unit, you both started harassing the landlord while he was up on a ladder installing windows, you were screaming, swearing and making threats to the Landlord, you also continue to record the Landlord and his agents while they are working against their wishes.
These events didn’t happen. And we had a house full of witnesses. Yahkni would concede there were no threats made (during a hearing on August 10, 2017).
That on or about June 27th 2017, while the Landlord was up on a ladder on the outside of the window working, you (Mr. Bosch) remove the screen on the window without giving the landlord any notice, this action resulted in the Landlord squeezing his finger in the frame causing him immense pain, the pain causes him momentary letting go of his hold of the ladder which created a more serious safety. You continue to record the landlord and his agents while they are working, despite being requested numerous times to stop recording as you did not have their permission to do so; you continue your harassment of the landlord.
Sigh. On June 27, 2017 Marie was at the apartment alone. John would later make this same accusation (about pulling out the screen) against “the tenant” in a later N5 (Doc 323) on a completely different date. Nobody asked her to stop recording because she wasn’t.
On or about June 28th 2017, you verbally attacked Richard Pollington, you called him a “Douche Bag” and made remarks to him found to be threatening.
That’s two separate accusations: 1) that I called Richard Pollington a “douchebag” Actually, I had referred to Richard as a douchebag (to Agostino) when Richard briefly entered my apartment in Agostino’s company. This accusation was the closest thing to accuracy that John has achieved in this whole mess at this point.
and 2) that I made remarks “found to be threatening”.
As of May 23, 2020 this application has not been heard, and John has not disclosed the words I am alleged to have uttered that are “threatening”. Or who it was who ‘found” them to be ‘threatening’. Or any other specifics. Your guess about this is as good as mine.
On or about July 18th 2017, while the Landlord and agent was working on the premises you (Mr. Bosch) refuse to give the Landlord and his agent access to the unit even though sufficient written notice was given, you also was arguing, screaming and swearing at him.
See Chapter 18.
These threats, harassment and intimidation by both of you to the Landlord and his agents continues to interfere with their daily management of this premises, safe and reasonable enjoyment of this premises and their rights, privileges and interest.
There’s a lot there that the reader should see does not reconcile with events. For example, John was never in our unit on June 25, 2017. His Notice of Entry was served on June 25, 2017. It may sound like nit-picking, but on an N5 Notice, details matter. John was just piling on the litigation. Why shouldn’t he? Filing an L2 Application is easy, causes the tenant to expend a lot of time and energy defending against it, and there’s no real penalty for a landlord filing vexatious applications (John would eventually be assessed Board costs for one hearing. A whopping $150.) Or for lying through your teeth in said applications. This would be the first of six vexatious eviction applications (three L2’s and three L1’s that John brought about as a result of ignoring Interim or Final Orders from Board members. There appears to be no consequences for doing that either).
Friday July 21, 2017 – As I was arriving at the building, Richard Pollington yelled “Hey asshole!” and raised his middle finger to me. My roomate recorded it in her notes. No attempt was made by our landlord or his crew to enter our unit. None of them, as far as we knew, even came upstairs all day long. Marie documented the event (Doc 144).
A bit later in the day, I filed an amendment to our T2 Application SOT-80393-17 (Doc 087), that had been filed with the LTB in March of 2017. The amendment alleges numerous violations of the RTA and harassment by our landlord and his agents (Doc 146).