April 3, 2017 – I called Agostino to try and make arrangements to pay the rent (AR 49).

Not very productive. A phone call to Richard Pollington an hour later was made to clarify things to inform Richard (again) to contact me and not my roomate for anything to do with the unit, to stop his constant attempts to collect rent without a receipt being issued, and to request (again) the removal of some dog feces on the fire escape outside our bathroom window (AR 50).

I was getting very annoyed by the lack of maintenance being done on the property. I’d asked Richard and Agostino to remove the dogshit from the fire escape a several times over the previous five weeks, starting in February. Photographs of the feces (and other garbage left around the property) were included in the disclosure given to John Cerino on February 20, 2017. John did direct his caretakers to ‘spruce up” the property in late February of 2017 (as detailed in a previous post) but they’d missed this one. Ironically, one of John’s favorite expressions when discussing his repairs is “We don’t let shit lie.” He does, literally.

Fig 041 – fire-escape-e-side-pic-2.jpg

It was never cleaned up, and eventually decomposed over the following summer.

Later that day, Richard called my roomate’s cell phone. She did not answer. I had another letter (Doc 091) to deliver to Richard so I went down and knocked on his door. Document 091 reads:

Mr Cerino,

On April 1, 2017, Mr Pollington contacted Ms Ball in regards to paying April’s rent. When Mr Pollington was informed that you had been given a letter instructing you to contact me to make arrangements to pay the rent. Mr Pollington insisted the rent be paid to him. When asked, he stated that he did not have receipts.

When I attempted to contact you by phone, you stated that Agostino would be by to collect the rent “sometime today”, stated that I was not to contact you by telephone and hung up.

When I contacted Agostino, he stated that he would be coming by “within the hour” to pick up the rent. When I told him he was wasting his time, he insisted in coming over. When he arrived, he was informed we would be applying to the LTB to pay rent to the Board. It became apparent during that conversation that you had misinformed Agostino on a number of issues.

Because of the problems we have had in the last few months with rent receipts, rent being refused, your habit of overruling your agents and giving them contradictory instructions and the games being played since we filed our T6 application it is necessary to make arrangements for you to pick up the rent in person. It is also clear from the statement entitled “Denial of Access” given to us as part of your disclosure for the T6 application that both Mr. Pollington and Agostino are willing to commit perjury on your behalf. As a result, we can no longer trust either of them to act in a professional manner or deal with us honestly. Both Mr. Pollington and Agostino have been given a copy of that statement and informed that audio and video recordings of the conversations in question were made. One of those recordings was heard by the police officer who responded to Ms Ball’s complaint on February 22, 2017 minutes after it was made, and all of the original recordings are available to you in case you wish to verify their authenticity. Those recordings are available to you on request.

As it has become apparent that Agostino and Mr Pollington are part of the pattern of harassment they have both been instructed not to contact Ms Ball. Your agents have repeatedly ignored both verbal and written instructions to contact me instead of Ms Ball in regards to our tenancy. The next time you or your agents ignore those instructions will result in a criminal complaint of harassment, and an application to the Ontario Human Rights Tribunal for your failure to accommodate Ms Ball’s disability.

Mr Cerino, April’s rent is available to you, subject to the three conditions of my letter of March 9, 2017.  Please make arrangements with me (Paul Bosch) in writing to pick up your rent. Quite simply, we have both reached the limit of our tolerance for your abusive behavior and deliberate obfuscation both in person and through your agents. If you are able to act in a professional, courteous manner for the ten minutes required for this meeting, you may have your rent. Otherwise, we suggest you file an N4 application with the Board.

On the subject of repairs, it is clear from the statement titled “Denial of Access” and the recordings made that the incidents on February 22, 2017 were an attempt to manufacture an excuse to avoid doing the repairs needed to the unit. Your being refused access to the unit for repairs is a direct result of your own abuse, provocation and deliberate actions. However, you are still obligated to perform the repairs, and there is an April 30, 2017 deadline for the window repairs.  I invite you to contact me (Paul Bosch), in writing, to make arrangements for those repairs to be done before the deadline. Agostino has indicated there is considerable work to be done, and we are eager to have those repairs completed before the warmer weather requires air conditioning the unit.

Sincerely;

Paul Bosch / Marie Ball

One note for the reader: The statement referenced at the end of the letter was actually titled “Refusal of Access:, not “Denial of Access”. Since the date associated with the statement was given in the letter, I didn’t try to correct the error with John. Also, the line “we suggest you file an N4 application” should read “”we suggest you file an L1 application after serving an N4” but I’m quite certain John knew what I meant.

Richard was insulting, confrontational and refused to sign a receipt for the letter, so I left a copy anyway and mailed a copy to John’s address the following day. I also told Richard that if he continued to try to contact my roommate, he might face legal action. At the end of our conversation, Richard held up his cell phone and claimed to have recorded the conversation. He also claimed that I had threatened him. I hadn’t. If he did record our conversation, he hasn’t disclosed the recording as of May 14, 2020. I’d be interested in hearing it. I had been very careful NOT to threaten Richard.

April 6, 2017 – There was no response to the letter of April 3, or any attempt to make arrangements to pay the rent, so on I left a message for Agostino and John, asking them to return my call (AR 51 and AR 52).

An hour later, I heard from John. I didn’t hit the “record” button on my phone at the beginning of the call, so there’s about 10 seconds missing. In this call, John is asked to make arrangements to receive the rent. He instructs me to go downstairs and pay Richard and says he will put that in writing. He then talks over me, in a condescending and dismissive manner (AR 53).

 So I called Agostino. It didn’t go much better (AR 54).

In the early afternoon, this was delivered by sliding it under our door (Doc 092):

Doc 092 – 2017-04-06 – Letter from Landlord.jpg

So, I wrote yet another letter to our landlords and delivered it to Richard Pollington (Doc 093).

06 April 2017

Mr Cerino,

We have received your note dated today, making arrangements to collect the rent tomorrow at 3 pm at our unit. That time is acceptable.

Your note suggests that you will be bringing both Agostino and Mr Pollington. We will allow one witness only into our unit, and the meeting will be subject to the same conditions as our letter of March 9, 2017.

The meeting will be held inside our unit, and be subject to video/audio recording. If you would like a copy of the video recording please bring a 16 GB flash drive with you to the meeting. A copy will be provided to you immediately after the meeting is concluded. If you would like a copy of the audio recordings please provide an email address where they can be sent.

Sincerely;

Paul Bosch / Marie Ball

At 19:46, I also served Richard with a summons to appear at the next two merit hearings on May 9, 2017 and May 11, 2017.

I made an audio recording of the conversation (no video) (AR 55). I made the recording as proof of service. It was never disclosed, as the question of Richard Pollington being a witness became moot soon after. In February of 2019, in a private complaint, Richard would state that I threatened him with bodily harm. (Doc 306)

Listen to the conversation and decide for yourself.

The other person in the conversation is Larry Norman, another of John’s “caretakers”, and Pollington’s roomate.

After, I called John and left a message, so He’d know there was a letter waiting for him (AR 56).

April 7, 2019 – In the morning I noticed two police cruisers pull up to the front of the building. Richard Pollington met the officers out front, and I could see him gesture towards our windows, so I went down to see what was going on. By the time I got down, Richard had disappeared.

The officer I spoke to (PC Uhlik) said that Richard had complained of “harassment”. The officer also volunteered that nothing I’d said to Richard was a threat, which struck me as a bit odd. The “harassment” turned out to be Richard complaining of having to accept letters, as far as I could understand it. Uhlik seemed as puzzled as I was.

The Occurrence Details Report is below (Doc 094):

Doc 094-1 – 017-04-07-incident-report-17579744-0001.jpg
Doc 094-2 – 2017-04-07-incident-report-17579744-0002.jpg

The General Report from HPS is (Doc 095):

General Report

Hamilton Police Service

Police case ID:     Occurrence #(s):       17579744
Printed: 2019/05/08 14:13 by 1237

Occurrence: 17579744 Neighbour Dispute [8504.0020] (FIP) @2017/04/06 20:26

Report:

At 0758hrs Police were dispatched to 99 East Ave S. apt #1 for a neighbour dispute. Richard POLLINGTON as part of his caretaker duties is responsible for collecting rent for the Landlords. Currently there is a dispute at the LTA Tribunal between the Landlord and tenant Paul BOCSH in apt.#2. POLLINGTON feels caught in the middle of the dispute as the caretaker and feels that BOCSH’s treatment of him is harassing and unfair. Police counselled both parties and they have agreed to be civil to each other and use a mediator to collect the rent, or the landlord will collect the rent directly.

COMPLETE SOLVED-NON CRIMINAL

One note here: I’d spelled my last name twice for Uhlik, once phonetically. I’m surprised he got it wrong.

At the time, we thought this was Richard’s way of saying “I don’t want to be involved”. Fine with us.

The officer’s notes don’t say anything about threats (Doc 096). But then again, they don’t mention that Marie told him that we’d both asked Pollington not to contact her, and he had continued to do so.

Neither does the officer’s witness statement (Doc 097). At least not the redacted versions I got through FoI.

Doc 097 – 2017-04-07-witness statement-pollington-complains-of-harassment-0005.jpg

At 15:10 that afternoon (10 minutes late) John arrived at our door, accompanied by Agostino, to collect the rent. (VID 07).

John’s condescending antagonism was a bit hard to take. Not my finest moment, but I was getting very tired of the constant antagonism from our landlord. I had made it very clear to John that we wanted no dealings with Richard Pollington.

A copy of the letter John handed to me is below (Doc 098).

Doc 098 – 2017-04-07 – Letter from Landlord.jpg

A few points about this letter:

  1. John has no right to forbid recording conversations, particularly in our home. It isn’t harassment to make a recording of a conversation. As long as you are a party to the conversation, there’s nothing at all wrong (in a legal sense) with recording it. In your own home, there is absolutely no reason (in the legal sense) why you can’t make a video recording (except, possibly, the bathroom).
  2. John insists on involving Richard Pollington as his agent, even after he was made aware that Richard had made a criminal complaint against me. This would continue John’s tactic of doing his dirty work through other people. Richard is badly educated, cognitively challenged and naive. He also claims to be illiterate.

So I wrote yet another letter to our landlord (Doc 099). This one I mailed, Canada post.

07 April 2017

As you are aware, Mr Pollington made a complaint of threatening and harassment against us to the police early this morning. Mr Pollington was apparently upset by my warning him again not to contact Ms Ball directly, and by being served a summons to both LTB hearings and given a letter for you the day before. Mr Pollington stated that he did not want to talk to me and dropped the papers to the ground (possibly by accident, he was talking on the phone at the time).

The officers who responded to the complaint were informed that Mr Pollington had ignored instructions not to contact Ms Ball, and that there are no eviction proceedings. They also informed me that the statements I made to Mr Pollington were not threats (Apparently, Mr Pollington recorded our conversation. If so, he was within his rights, and I have no objection). However, they did advise us to have no further contact with Mr Pollington.

Your letter today states that we are to contact Mr Pollington in regards to the rent. We will not deal with Mr Pollington or Agostino as your agents. Both have demonstrated that they are willing to lie on your behalf, and Mr Pollington has made it impossible for us to deal with him.

Your letter also states “This is to inform you that video taping and recording our conversations will no longer be allowed”. Both of you (John and Agostino) seem unaware that Ontario has one party consent for recording conversations. We will continue to record any conversation in which we take part, as we choose.

Your letter also states “On the first of every month the rent is to be paid on time to Mr Pollington like it has been since you moved in”. Mr Pollington has not had rent receipts available when rent was to be paid for February, March and April, and has refused to sign receipts despite having done so in the past. You seem unwilling to acknowledge that our relationship has changed, and that we are no longer willing to trust you to drop off a receipt days later.

The only acceptable arrangement for paying May’s rent will be for you to contact me (Paul Bosch) in writing to make an appointment for you to collect your rent. It will be subject to the same conditions as my letter of March 9, 2017.

Any further issues will be included in a letter mailed to you at this address, or Agostino’s address since you have represented him as a co-landlord and we are uncertain as to your exact address. Any emergency maintenance requests will be made by telephone to Agostino. If he fails to respond, we will attempt to contact you by telephone. If you fail to respond, we will not be held responsible for any damages caused by a delay in repairing the problem.

We will not be available to monitor repairs from April 24, 2017 to April 30, 2017. As I reminded you in my letter yesterday, there is an April 30, 2017 deadline for the window repairs. I invite you to contact me to make arrangements for the repairs to be done. If you have not done so by April 15, 2017, another T2 application will be filed with the LTB. We have no objection to Agostino doing the repairs, or to your hiring others to do the repairs as long as they are capable of treating us with respect in our own home.

Sincerely;

Paul Bosch

We did not receive any reply to any of our letters.

April 9, 2017 – As I was entering the building, Richard Pollington came out of the front door of his unit, saw me in the hallway and spit on the floor beside my foot. He then said “Fucking welfare bum” and walked out the front door of the building. I ignored it.

April 24, 2017 – We received this in the mail (Doc 100):

Doc 100 – 2017-04-12 Letter from paralegal.jpg

The address of the rental unit is wrong. Yahkni was almost as bad as John for errors in her correspondence and paperwork. She is well spoken in English, but appears to me to have a bit of difficulty writing and reading in English (some of her later paperwork is incomprehensible gibberish in places).

April 27, 2017 – I served Cora Mitchell with a witness summons for the merit hearings on May 9 and May 11, 2017. I’d accidentally served her with two copies of one summons, rather than one copy of each, and her father called me to sort it out. We met and spoke on the front deck of the building. Cora’s rather odd behavior of late  had made me cautious, so I recorded the conversation (AR 08). Her father explained a few things, such as John’s comments about Cor’s new floor on February 1, 2017.

April 28, 2017 – This letter was delivered by sliding it under our door (Doc 101):

Doc 101 – 2017-04-28 – Letter from Landlord.jpg

It’s interesting that John wants us to deal with Richard Pollington. He also consistently misspells his brother’s name.

So I called Agostino (AR 57).

Note that Agostino insists on involving Richard Pollington, even after Richard has made a complaint to police. Agostino also assures me that John won’t be along.

April 30, 2017 – I called Agostino to arrange a time for him to pick up the rent (AR 58).

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