After John and his crew left on June 2, 2017 things were quiet for a few days, aside from Richard Pollington becoming increasingly antagonistic. He would shout “cocksucker” or “idiot” or “welfare bum” at me as I would enter or exit the building. He’d usually make his comment, then duck inside whatever door was closest.

Sunday June 4, 2017 – Around 6:10 pm – Richard Pollington gave me the finger and shouted “cocksucker” at me on the front deck of the building then went in the front door of the building. I did not answer.

Monday June 5, 2017 – Around 5 pm, Richard Pollington shouted “You’re a fucking idiot” as I was coming down the back stairs of the apartment. I stopped, and said “Please move, Sir. I need to get through”. He stood at the bottom of the stairs until I started downstairs, then left and went into the side door of his apartment.

Thursday June 8, 2017 – Richard Pollington threw a rock in my direction as I approached the building from the west side. He then said “You’re a cocksucking welfare bum. Pay your rent.” as he stood in the front door of the building. He stepped aside when I continued towards the door. I did not answer him. I was a bit puzzled by his words (there was no rent owing).

Monday June 12, 2017 – Around noon, Marie called Donna May Lord’s voicemail and left a message (AR 72). Marie reminds Lord in the message that the work is currently 52 days past the original deadline, requests that the work be inspected (so enforcement could progress), and reminds Lord that she had not yet returned a message left a week earlier.

Around 7:20 pm, we received another Notice of Entry for June 14, 2017, delivered by Agostino. (Doc 120)

Doc 120 – 2017-06-12 – Notice of Entry.jpg

This Notice is deficient, but at least Agostino had told Marie which areas to prepare.

That brings the total to 17 days of entry on 8 separate Notices of Entry.

Tuesday June 13, 2017 – Donna May Lord called Marie back to schedule an inspection of the windows (AR 73).

Wednesday June 14, 2017 – At 10:18, Agostino called my phone to let us know he was on the property. He started work on the bathroom window, alone. Marie asked him for three gallons of primer to begin painting the living room and to open the attic windows to alleviate the heat radiating into our unit from above. Agostino agreed to both, and dropped of three gallons of primer at 12:56. He did not enter our unit.

My notes for the day are here (Doc 123).

Thursday June 15, 2017 – Donna May Lord came to our apartment and inspected the work. She was condescending, blamed my roomate and I for the delay in the work, and stated that if we had just “let the landlord in without a fuss” there would have been no delay. She was under the impression that John had been refused access on May 15, 16 and 17 2017. She was not interested in viewing the videos of John’s entries. She also stated that John had been refused access to the unit since May 17, 2017 but would not provide a date.

Marie’s notes read (Doc 121):

On this date Donna May lord of the bylaw office of Hamilton Ont came at my request to see the work me and my roommates landlords had done and if it met up to code, here is how that said meet went. 

Donna May knocked on my door and I answered it, as soon as she came in I took her over to my open windows in the living room and showed her the bottom of each window pane with chew up edges were the wood had holes in it and chunks missing and made the point that there is no way with the damage done that these could or would seal to keep cold out and she said they are fine. I then took Donna May to my bedroom and showed her the window right off and the fact that it is so thin that as I put my spread out hand in the middle of it I could wiggle it back and forth. I told her it does this when the wind hits it and will not keep out the cold and the land lord still has not put in screens, I ask her when the order is going to be enforced cause it sure is not as this is the middle of June and I am still rigging up screens for all my windows. The fact that it is a month and a half past the April 30 dead line is bull and do not tell me it is because he cannot get he has been in three times as of late.

 Donna May tell it is being enforced and she is prof, and that the plexi glass is legal and he does not have to put aluminum windows back on if he does not want.

At this I ask what I have to freeze all winter cause three out of the four pains of galas in my windows are now this plexi glass, are you kidding me, that is nuts.

Donna May then tell me if it is too cold this winter to call in a heat complaint.

I ask her why so she can give him to April 30 and not inforce it again and all the while I get to freeze in my apt again, how is it I get to live in substandard housing that she would not live. What a joke this is, is my next comment after all of this. As she is walking out I ask her how much he is paying her cause as an ex super I have seen bylaw land all over owners for being a week over yet he is a month and half over and nothing.

  Donna  May states that is not the case because her job is not worth that.

      To that I answer that I will be going over her head.

  She tells me I know who her supervisor is.

To that I inform her I will be going much higher than that and show her out the door.

Friday June 16, 2017 – I sent an email to Kim Coombs (Lynne Shewfelt’s supervisor), with a copy to the mayor’s office, Jason Farr (City Councillor), and Lynne Shewfelt (Donna May Lord’s supervisor).(Doc 122)

Peter Bosch <pbosch468@gmail.com>

Fri, Jun 16, 2017 at 4:56 AM

To: kimberly.coombs@hamilton.ca

Cc: jason.farr@hamilton.ca, “Shewfelt, Lynne” <lynne.shewfelt@hamilton.ca>, mayor@hamilton.ca, james.mccleary@hamilton.ca

On January 5, 2017 my roomate and I colled Property STandards to complain about a lack of heat in our apartment, and necessary repairs that the landlord had refused to do for more than a year. As a result of that complaint, some issues were identified, and two orders to comply were issued (17-208573 00PS and 17-100489 00 PS). There are a number of issues with the repairs done to date, and the majority of the work done was completed by the end of February. Since then, our landlord has made no good faith effort to complete the work required, and refused to even discuss completing the repairs. He has informed Ms Lord that we are refusing him access to the apartment, that we are harassing him and his workers. Neither is true. Mr Cerino has never been denied access to the apartment, despite the fact that almost everye one of his Notices of Entry is deficient and that he acts like an antagonistic bully at all times while in our home (numerous videos of his behaviour are available). My roomate suffers from PTSD and is bipolar. Our landlordi is aware of that, and has been using his notices of entry to be as disruptive and antagonistic as possible in hopes of ridding himself of what he sees as troublesome tenants. The deadline in the work order that requires our windows to be repaired and fitted with screens was April 20, 2017. On May 1, 2017, as no good faith effort had been made to repair our windows, we attempted to contact Ms Lord to find out the staus of enforcement. Ms Lord did not respond until May 11, after I went to City Hall and raised hell in person. On May 12, 2017, Ms Lord contacted my roomate to inform her that she would be accompanying our landlord when he entered our unit on May 15. She also informed my roomate that our landlord would be given seven days from the fifteenth to complete the work, or contractors would be sent and the work added to our landlord’s tax bill. Ms Lord also made statements that raised a great deal of concern about her objectivity, showed a complete disregard for my roomate’s rights as a tenant and talked over my roomate repeatedly. That led to my contacting Lynne Shewfelt on May 12, 2017 by telephone. Ms Shewfelt spoke to me on the phone for a few minutes, and when I raised concerns about Ms Lord’s choice of words and attitude towards my roomate and myself, offered to accompany Ms Lord on May 15. Ms Shewfelt did not call me back as promised to confirm that she would be along, and ignored an email I sent the next day requesting clarification. Audio recordings of those conversations are available. Officer Shewfelt and Officer Lord did accompany our landlord on May 15, and saw that he was given access. Mr Cerino (our landlord) left after less than a minute in the apartment, claiming harassment. A video of the encounter is available to you. There was no harassment, and Ms Lord was inexcusably rude during our conversation at the door. Shortly after he left, Mr Cerino called police and made a complaint against us for harassment. Mr Cerino made his statement to police on camera, and during that statement he states that Property Standards has taken his side against us. He states it unequivocally. That video is available to you as well. ON May 16, 2017, Mr Cerino entered the unit nearly two hours after his Notice of Entry specified, and acted in an antagonistic, physically intimidating and disruptive manner until he was asked to leave. Video of that encounter is available. Some work (very little) was completed ON May 17, 2017, Agostino (out lanlord’s brother) returned without Mr Cerino, and worked for less than two hours partially reapiring two windows. It should be noted that Mr Cerino’s Notice of Entry is deficient, and we had every right to refuse him access on that basis.

Based on Ms Lord’s statements to my roomate, our windows should have been repaired by May 22. They weren’t.

On May 29 we received another Notice of Entry for June 1 and 2. The notice was deficient but we permitted Mr Cerino access. He spent most of the two days screaming at his brother inside our unit through an open window, being as loud and disruptive as possible. Audio recordings of some of his rants are available.

On June 14, Agostino returned alone and worked for less than three hours, mostly on the rear door of the unit (which had a deadline for completion of February 8).

On June 15, Ms Lord attended our unit to inspect the work done to date. Her treatment of my roomate (whom Ms Lord is aware suffers from PTSD) can most charitably be described as condescending, arrogant and downright shitful.

After I went in person to the City Manager’s office to complain, James McCleary called Ms Lord and informed me that Ms Lord stated that our landlord had difficulty entering the apartment. When I informed Mr McCleary that our landlord had never been denied access to our apartment (loudly enough for Ms Lord to hear) she then informed Mr McCleary that she would be giving our landlord seven days or contrators would be sent to do the work. We’ve heard that before.

Mr McCleary also advised me to offer you the chance to see the videos, and to call the City Manager, Chris Murray, if my complaint was not resolved.

Ms Coombs, it is now 47 days past the deadline on the work order, with no good faith effort by our landlord to do the work. He has been using the delay in enforcement as a means to escalate his harassment of us, and both Ms Lord and her supervisor Ms Shewfelt have both refused to look at the videos proving that. Nor wil they enforce the work order, give us any informatiuon on the staus of the enforcement, and won’t even return phone calls or answer emails.

I have yet to hear a coherent explanation of why a work order can go 47 days past the deadline without consequences to the landlord or any real effort on the part of Property Standards to enforce it.

Perhaps you have one.

Ms Lord’s treatment of us, and my roomate in particular, has shown none of the courtesy and professionalism I would expect from a city official. If there is a formal complaint process, I wish to use it. Please let me know to whom I should complain.

Peter Bosch

#2-99 East Ave S,

Hamiltion L8N 2T6

I also went to City Hall and complained in person. Loudly.

Apparently, those complaints had some effect; I had a meeting with Ken Lendertse, from MLE. That led to an exchange of emails after the meeting (Doc 124):

Peter Bosch <pbosch468@gmail.com>

Fri, Jun 16, 2017 at 12:38 PM

To: ken.leendertse@hamilton.ca

Mr Leenderste;

This is just a quick note to document the things said during our meeting, and to give you the opportunity to correct any misunderstandings I have. My understanding of our conversation was that 1) you committed to finding the reasons why the work order against 99 East Ave S has gone 47 days past the deadline and has not been enforced, and informing us (myself and Marie Ball, my roomate) of the reasons 2) you will investigate the work done to this point and determine if it meets Building Code and Property Standards minimums (in particular, the fire escape, the front and rear doors to our unit, the plastic panes installed in our windows, the linoleum floor coverings) 3) if the work is not up to required standards in regards to the window repairs that you will order the work be done by outside contractors, 4) that you will respond no later than Wednesday June 21, 2017 to these concerns and 5) you were made aware that my roomate suffers from PTSD and bi-polar depression, and that the actions of Property Standards Officer Donna May Lord in this matter are contributing to a situation that is potentially quite damaging to my roomate, Ms Ball. For your convenience, I’ve included a copy of the email I sent earlier to Ms Coombs outlining the situation (with a few typos corrected). Please acknowledge this email, and feel free to correct any misunderstandings I may have.

Peter Bosch

(289) 698-6779

Leendertse, Ken <Ken.Leendertse@hamilton.ca>

Fri, Jun 16, 2017 at 12:55 PM

To: Peter Bosch <pbosch468@gmail.com>

Cc: “Coombs, Kim” <Kimberly.Coombs@hamilton.ca>, “Leendertse, Ken” <Ken.Leendertse@hamilton.ca>

This is the extent of our conversation is substantially correct however I will correct some of your misunderstanding. Corrections are in red.

 From: Peter Bosch [mailto:pbosch468@gmail.com]

Sent: June-16-17 12:38 PM

To: Leendertse, Ken Subject: Our conversation earlier today

Mr Leenderste;

This is just a quick note to document the things said during our meeting, and to give you the opportunity to correct any misunderstandings I have.

My understanding of our conversation was that 1) you committed to finding the reasons why the work order against 99 East Ave S has gone 47 days past the deadline and has not been enforced, and informing us (myself and Marie Ball, my roomate) of the reasons

 I agreed that the matter will be reviewed and that the Manager will get back to you on this issues.     KL

2) you will investigate the work done to this point and determine if it meets Building Code and Property Standards minimums (in particular, the fire escape, the front and rear doors to our unit, the plastic panes installed in our windows, the linoleum floor coverings)

We will examine the work that needs to be done and ensure it meets property standards.   I advised you that I was unsure if the repairs to the linoleum floor was covered under Property Standards.  KL

3) if the work is not up to required standards in regards to the window repairs that you will order the work be done by outside contractors,

We will have the work Inspected by a Building Inspector.   If the work is not up to standards, we will follow our normal processes to ensure it is corrected which may include getting the work done by an outside contractor.     This is based on our authority and our ability within the law.   KL

4) that you will respond no later than Wednesday June 21, 2017 to these concerns and

I have asked that the Manager contact you by this date.  KL

5) you were made aware that my roomate suffers from PTSD and bi-polar depression, and that the actions of Property Standards Officer Donna May Lord in this matter are contributing to a situation that is potentially quite damaging to my roomate, Ms Ball.

I completely disagree with this assumption and I don’t believe you can assume that our interactions has any impact or effect on your roommate.

This is an unfair assumption.  – KL

Peter Bosch <pbosch468@gmail.com>

Fri, Jun 16, 2017 at 2:04 PM

To: “Leendertse, Ken” <Ken.Leendertse@hamilton.ca>

>>>I agreed that the matter will be reviewed and that the Manager will get back to you on this issues.     KL

I’m not certain what that means, exactly, but I’ll wait for an answer (or until Wednesday) before I take further action.

>>>We will examine the work that needs to be done and ensure it meets property standards.   I advised you that I was unsure if the repairs to the linoleum floor was covered under Property Standards.  KL

Linoleum is covered (13(5) of Property Standards By-law 10-221)

>>>We will have the work Inspected by a Building Inspector.   If the work is not up to standards, we will follow our normal processes to ensure it is corrected which may include getting the work done by an outside contractor.     This is based on our authority and our ability within the law.   KL

As I recall, your exact words were “If that’s what’s going on {in reference to plexi-glass being installed in the windows} then we’ll send in contractors.” That’s a somewhat different meaning than the above. Is there a written guide/policy for the procedure Property Standards follows to enforce work orders? I’ve asked Ms Shewfelt twice for that information, but she has not responded, and I can’t find anything on my own. My understanding of the process is that if a landlord makes no good faith effort to complete the repairs by the deadline (which is quite clearly the case here) then that landlord is given seven days to complete the repairs or the City sends in their own contractors. Is that correct?

>>> I have asked that the Manager contact you by this date.

Fair enough.

>>> I completely disagree with this assumption and I don’t believe you can assume that our interactions has any impact or effect on your roommate.

This is an unfair assumption.

It isn’t an assumption . Ms Ball has suffered extreme migraines, insomnia, and hypervigilance as a result of the fiasco over the last month. It has been documented by her doctor and there isn’t any question in the minds of her friends. This should not be taken as a threat of litigation, but the simple fact is that Ms Lord’s words and actions, documented in video, audio and witness statements clearly have had an adverse effect. We’ll have to agree to disagree on this point. I was quite clear to Ms Shewfelt that we did not want a fight with Property Standards over this matter, but we both feel that Ms Lord’s actions have contributed to Mr Cerino’s harassment. There is no doubt that Ms Lord is out of her depth dealing with a mentally ill tenant, and a landlord who does not hesitate to tell any story necessary to avoid repairing our apartment. Again, Mr Leendertse, I offer you the chance to view the videos, listen to the recordings, and decide for yourself. Please acknowledge this email.

Peter Bosch (289) 698-6779

Leendertse, Ken <Ken.Leendertse@hamilton.ca>

Fri, Jun 16, 2017 at 2:10 PM

To: Peter Bosch <pbosch468@gmail.com>

Cc: “Coombs, Kim” <Kimberly.Coombs@hamilton.ca>

Manager Kim Coombs will contact you early next week.

Ken Leendertse, M,O.M, P .E.S.M., BA

Director, Licensing and By-law Services

Planning & Economic Development Department

I spent the next few days in and out of City Hall. It seems that complaining in person has a much higher chance of action. It’s very easy for city employees to ignore emails and voice messages.

Friday June 16, 2017 – Very little progress had been made on the windows. Marie’s bedroom windows were less than half finished, the kitchen windows had been ignored (other than replacing a cracked pane with “lexane”):

Fig 045 – 2017-06-16 – Kitchen Window – IMG_4418.JPG
Fig 046 – 2017-06-16 – Kitchen Window – IMG_4428

The living room windows looked the same as they had since we moved in:

Fig 047 – 2017-06-16 Window – Living Room – IMG_4423

and the window in my bedroom (Bedroom 2) had been ignored:

Fig 048 – 2017-06-16 Window – Bedroom 2 – IMG_4422

The 2″ styrofoam insulation that we’d cut to fit the windows shows in the pictures. We used them to keep the apartment warm when it was cold outside and cool when it was hot outside (the insulation slowed down the air coming in from outside considerably, and in the summer blocked the sunlight from heating the apartment).

Wednesday June 21, 2017 – I received an email from Councillor Farr’s office (Doc 125) which led to another email exchange:

Scally, Maureen <Maureen.Scally@hamilton.ca>

Wed, Jun 21, 2017 at 2:13 PM

To: “pbosch468@gmail.com” <pbosch468@gmail.com>

Cc: “Farr, Jason” <Jason.Farr@hamilton.ca>

Mr. Bosch,

Councillor Farr along with staff, will meet with you on site (2-99 East Ave. S) on July 18 @ 10am.  Please confirm.  Thank you.

Maureen Scally Administrative Assistant to Councillor Jason Farr Ward 2 – Downtown, City of Hamilton Phone: (905) 546-4677 E-mail: maureen.scally@hamilton.ca

Peter Bosch <pbosch468@gmail.com>

Wed, Jun 21, 2017 at 2:43 PM

To: “Scally, Maureen” <Maureen.Scally@hamilton.ca>

Ms Scally;

Is there any time available in Mr Farr’s schedule sooner than July 18?

Peter Bosch

Scally, Maureen <Maureen.Scally@hamilton.ca>

Wed, Jun 21, 2017 at 2:48 PM

To: Peter Bosch <pbosch468@gmail.com>

Cc: “Farr, Jason” <Jason.Farr@hamilton.ca>

That is the earliest date available.

Maureen Scally Administrave Assistant to Councillor Jason Farr Ward 2 – Downtown, City of Hamilton

Peter Bosch <pbosch468@gmail.com>

Wed, Jun 21, 2017 at 2:55 PM

To: “Scally, Maureen” <Maureen.Scally@hamilton.ca>

I’ll have to consult with Ms Ball before I can confirm that date. Please provide a list of staff that will accompany Mr Farr, and their positions/titles.

Peter Bosch

Scally, Maureen <Maureen.Scally@hamilton.ca>

Wed, Jun 21, 2017 at 2:59 PM

To: Peter Bosch <pbosch468@gmail.com>

Cc: “Farr, Jason” Jason.Farr@hamilton.ca

Lynne Shewfelt, Supervisor of Municipal Law Enforcement

Peter Bosch <pbosch468@gmail.com>

Wed, Jun 28, 2017 at 5:34 AM

To: “Scally, Maureen” Maureen.Scally@hamilton.ca

Thank you Maureen. Tuesday, July 18 at 10 am would be fine. Please send me a summary of the situation as you understand it. I would also like to know the process for a complaint against a Property Standards Officer for unprofessional conduct.

Friday June 23, 2017 – I stopped by MLE offices on James Street N in Hamilton to speak to Lynne Shewfelt. She wasn’t in, but her temporary replacement (Donna May Lord) was in. Our conversation wasn’t very productive (AR 74).

Saturday June 24, 2017 – We received the information I’d asked from the LTB (Doc 126) regarding previous applications brought against John Cerino.

Paul Bosch 99 East Avenue South Apt 2 Hamilton, ON L8M 2T6

Dear Mr. Bosch:

Ontario

Reference# 17278 Landlord: John Cerino Thank you for your request under the Freedom of Information and Protection of Privacy Act (FIPPA) and for the application fee.

In your request, you ask for records related to applications to the Landlord and Tenant Board (the LTB) associated with the landlord John Cerino. In order to find records relevant to your request, I searched the LTB’s systems based on the name John Cerino. I determined that the LTB has records related to the above landlord for the following rental properties:

• 99 East Avenue South, Hamilton • 97 East Avenue South, Hamilton • 6 Acorn Street, Hamilton 99 East Avenue South

Seven applications have been filed with the LTB related to 99 East Avenue South. Four were applications by the landlord to terminate tenancies and three were applications by tenants. Since you filed all three tenant applications (SOT-80393-17, SOT-77864-17 and SOT-77620-16), I am assuming you have the information you require about these applications.

SOL-19710-11 was an application to terminate a tenancy for non-payment of rent. Both John and Agostino Cerino were named as landlords. The landlords filed the application on 06/10/2011 and it was resolved by an order issued on 21/10/2011. The order set out that the parties consented to terminate the tenancy as of 30/11/2011 and ordered the tenant to pay the landlord the arrears of rent owing.

SOL-19372-11 was an application to terminate a tenancy for non-payment of rent. Only Agostino Cerino was named as a landlord. The landlord filed the application on 23/09/2011 and it was resolved by an order issued on 18/10/2011. The tenants raised maintenance issues at the hearing. I have attached a copy of the order. However, for the reason set out below, I have redacted (removed) the tenants’ names and their unit number.

SOL-04870-10 was an application to terminate a tenancy for non-payment of rent. Only Agostino Cerino was named as a landlord. The landlord filed the application on 29/04/2010 and it was resolved by an order issued on 19/05/2010. This order terminated the tenancy and required the tenant to pay the landlord the arrears of rent owing.

SOL-06714 was an application to terminate a tenancy for non-payment of rent. Only John Cerino was named as a landlord. The landlord filed the application on 17/10/2007 and it was resolved by an order issued on 15/11/2007. I am unable to open the order on the electronic file for the application and I cannot provide information about the decisions included in the order. 97 East Avenue South

Two applications have been filed with the LTB related to 97 East Avenue South. Both were applications by the landlord to terminate tenancies.

SOL-67437-16 was an application to terminate a tenancy for non-payment of rent. Only Agostino Cerino was named as a landlord. The landlord filed the application on 03/02/2016 and it was resolved by an order issued on 07/03/2016. This order terminated the tenancy and required the tenant to pay the landlord the arrears of rent owing.

SOL-22954-12 was an application to terminate a tenancy for non-payment of rent. Both John and Agostino Cerino were named as landlords. The landlords filed the application on 25/01/2012 and it was resolved by an order issued on 16/02/2012. This order terminated the tenancy and required the tenant to pay the landlord the arrears of rent owing.

6 Acorn Street

Two applications have been filed with the LTB related to 97 East Avenue South. Both were applications by the landlord to terminate tenancies.

SOL-22400-12 was an application to terminate a tenancy for non-payment of rent. The landlords filed the application on 09/01 /2012 and it was resolved by an order issued on 07/02/2012. The tenant raised maintenance issues at the hearing. I have attached a copy of the order. However, for the reason set out below, I have redacted (removed) the tenant’s name and the unit number.

SOL-20087-11 was an application to terminate a tenancy for non-payment of rent. Both John and Agostino Cerino were named as landlords. The landlords filed the application on 21/10/2011 and it was resolved by an order issued on 09/11/2011. The order set out that the parties consented to terminate the tenancy as of 30/11 /2011 and ordered the tenant to pay the landlord the arrears of rent owing.

As set out above, I have redacted the tenants’ names and the rental unit numbers from the enclosed orders. The information related to the tenants that I redacted meets the definition of personal information under subsection 2(1) of FIPPA, and disclosing it would constitute an unjustified invasion of the personal privacy of the tenants pursuant to section 21 of FIPPA.

You may request a review of this decision by the Information and Privacy Commissioner, 2 Bloor Street East, Suite 1400, Toronto, Ontario, M4W 1A8, within 30 days of receipt of this letter.

If you decide to launch an appeal, please provide the Commissioner’s Office with:

1) the above request number,

2) a copy of the Board’s decision letter and your original request for information.

In addition, you must send an appeal fee to the Commissioner’s office. The appeal fee is $25.00. Please include the fee in your letter of appeal– appeal fees should be in the form of either a cheque or money order, made payable to the Minister of Finance.

If you have any questions, please call me at (416) 325-0016.

Susan Benger Freedom of Information Coordinator

So, now we knew that John had experience with LTB matters. A fair amount of it, apparently.

Sunday June 25, 2017 – A Notice of Entry was served by sliding it under our door (Doc 127):

Doc 127 – 2017-06-25 – Notice of Entry

That brings the total to 20 days of entry on 9 separate Notices of Entry.

Monday June 26, 2017 – We had invited a few friends over for Monday, and hadn’t received John’s Notice in time to change our plans, so we had a few witnesses on hand for John’s circus this time.

Around 10:10 I noticed Agostino’s vehicle come onto the property, and went downstairs to speak with him (AR 75).

AR 75 – 2017-06-26-1014 – Conversation with Peter and Agostino

We became aware that John was on the property when one of our guests went to use the washroom. It’s at the other end of the unit from the living room, so noise doesn’t carry from the washroom to the living room. John had already started work on the window, removing the sill from the outside.

At 11:50, John shouted through the window that he would be working on “bedroom windows” the next day. When I asked for clarification as to which bedroom, he did not answer.

At 12:15, John appeared on a ladder outside the living room windows. Our guests were in the living room at the time. John complained loudly that we were interfering with the work (he was outside on a ladder at the time). After hearing him complain (through the kitchen window) for 10 minutes, I told him to be specific about the areas to which he needed access on his Notices of Entry when he came back into the unit (AR 76).

AR 76 – 2017-06-26-1235 – John is told by Peter to give proper notice of entry

I’d been taking some photos of the damage to the kitchen window:

John was argumentative, antagonistic, and talks over me the whole time.

Around 13:15 John began twisting and bending a small screen in one of the windows that belonged to my roomate. She took the screen out of the window, and pulled it inside to prevent further damage to it. The sill dropped closed when she did. John was on the ladder below the window, reaching for the screen. He screamed “You could’ve taken my fingers!”.

That incident was documented in a statement by our witness (Doc 128).

Doc 128 – 2017-08-10 – Statement of Catharine Kelly

The landlord and his crew packed up and left around 15:50.

I kept notes during the day (Doc 129):

Doc 129 – 2017-06-26 – notes on John’s behaviour during repairs
Doc 129 – 2017-06-26 – notes on John’s behaviour during repairs

Tuesday June 27, 2017 – Marie was at the apartment alone. Work began outside at 10:30 am. John left shortly after (it had begun to rain) and gave Agostino instructions to call him when the rain stopped. It rained for about 10 minutes, then Agostino worked on living room windows alone. He stopped work around noon. Marie called Agostino a bit later (AR 77).

Agostino left at about 16:30. Marie kept notes (Document 130):

Doc 130

Wednesday June 28, 2017 – Work began at 10:30. I was at the apartment, Marie was away for the day.

At 10:48 John waved at me while on a ladder outside the living room window, the shouted “He’s making faces at me!” to someone below. I closed the curtains on that window and left the room. At 11:20, John was on a ladder in a different window in the living room. I was in my bedroom, not the living room. I heard John shout “He’s making faces again!”, and entered the living room. As I did, John saw me, grabbed his crotch and shouted “He’s staring at my crotch. I think he wants to suck it.” I closed all the curtains in the living room.

Around 12:00 I opened them again after 30 minutes of peace and quiet. A few minutes later John and Agostino began setting up outside and working together on separate ladders. I took a picture to show Marie that Agostino seemed to have reconsidered working with John on a ladder.

Fig 103 – 20170628_122230

At 13:50 Agostino entered the unit with Richard Pollington. Agostino asked at the door if it was okay for Richard to enter with him, as he had not been able to get anyone else that day. I told Agostino I would rather not have a douchebag in my house, but under the circumstances I could tolerate it. I then asked Agostino if he smelled marijuana on the way in. Agostino replied, “I can’t smell anything. Even if I could, it would be none of my business”.

At 16:04 Agostino informed me that they were done for the day, but was immediately overruled by John. They stayed another 20 minutes to install a storm window on the spare bedroom.

My notes for the day are here (Doc 130):

Doc 130
Doc 130

Over the past three days, Agostino and John had done relatively little work. The frames of the living room windows had been covered with sheet metal, and all but one storm windows had been installed. The storm window meant for the kitchen window was never installed. It would have been difficult to get ladders in place to replace it; the job should have been done with scaffolding. John didn’t bother; he installed the storm window on one window of Cora Mitchell’s unit (the bathroom, I think). The storm window on the kitchen window was not repaired.

Fig 049 – 2017-06-28 (R) IMG_4465
Fig 050 – 2017-06-28 08 34 (R) – IMG_4467

The sheet metal work is, to put it mildly, awful. John consistently displays a very low standard of workmanship.

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