John’s last notice of entry said he would begin work at 10 am, the time the meeting with Councillor Farr was scheduled to begin. I wondered if John would be his usual antagonistic self if he entered during the meeting. As far as I knew, John had not been informed about the meeting (and there was no reason he should have been informed).

At 9:45 John’s truck pulled up to the street in front of the property. A few minutes later, Lynne Shewfelt walked up to him and spoke to him briefly. John appeared angered at what she said, and stared at the front of the building for a few minutes after she finished speaking to him. He did not try to enter the apartment until noon, after Farr and Shewfelt had left. My best guess is that Shewfelt gave John a heads up about the meeting.

At 10:05 I received a phone call from Maureen Scally saying that Farr was “on the way”. When I asked for an ETA she became a bit abrupt (AR 79). This was characteristic of my (and others) dealings with Maureen Scally. If you’re a taxpayer, she’s polite and helpful. If you’re a citizen she’s rude, abrupt and has a tendency to hang up the phone suddenly when she’s finished talking, even if the other person isn’t.

AR 79 – 2017-07-18 1005 – Scally calls Bosch about Farr Running Late – 2017_07_18_10_05_19055462424_In

Apparently, Farr’s staff had told him the meeting was at his office in city hall, despite my having confirmed the details the night before via email.

Farr walked up to the front of the building at 10:30, spoke to John for a couple of minutes, then rang the door bell. I started recording then.

The recording of our meeting is here (AR 80).

AR 80 – 2017-07-18 1102 – rec_20170718-1102

During the meeting, Shewfelt informed us that the windows passed minimum maintenance standards (which I found a bit incredible, since the materials used did not conform to the OBC, and there was a clearly visible two inch gap left in one of the windows.) After Farr left at 11:00, my roomate and I waited for John and his crew to enter our apartment. They were on the grounds, but nobody came to our door.

By 11:45, I was getting tired of waiting, so I went on to the landing in front of our door, I told Marie “I’m going to see if the douchebag is coming in or not”. John was standing at the bottom of the stairs (out of sight) and overheard the remark. He responded with “Who’re you calling a douchebag?” I began recording at that point, as he was coming up the stairs:

The recording is here (AR 81).

AR 81 – 2017-07-18 – 12 01 – John Storming out then assaulting Peter – rec_20170718-1201

A transcript follows (Doc 311):

JC: That me you’re calling a douchebag?

PB: Hold on a second there John.

JC: That me you’re calling a douchebag?

MB: Hang on. Ruby! {Ruby was a friend’s dog. Marie was dog-sitting for the day.}

JC: Pardon me?

MB: Knock it off everyone.

PB: Stay there! {John was walking in through the open door, without invitation or permission}

JC: {indistinct}

PB: Cerino, stay there!

JC: Can I go in the kitchen, please?

MB: No.

PB: Not yet.

MB: What do you need in my room for? Ruby!

JC: I need to measure something to make in the kitchen, then I need to go to the bedroom.

MB: What do you need in my room for?

JC: I have to…I have to…look at the work I gotta do on my work order.

MB: There’s no work in my room to be done on the work order, so what do you need in my bedroom…

JC: According to the papers I got there’s a work order in your room.

MB: Not in my room, so what…

JC: {indistinct}

MB: There…we have a copy of the work order too.

JC: Good…good.

MB: What do you need to be in my room for?

JC: I…I’ll show ya when I come…

MB: We have a copy of it right here. What do you…

JC: {interrupting MB} Can I go in the kitchen please?

MB: No, I want to know why you have to be in my room!

JC: She said no. You’re denying me entry.

Marie: No, I’m not! Oh my god. {as John walked away}

PB: Don’t worry about it.

MB; I wanna know what the fuck he has that he try and figures that he has a work order for my room.

PB: Okay. Well, I don’t agree, so if he shows us one…

MB: That would answer my question.

JC: {talking over Marie, standing in the door. He’d come back} I would like to go into the kitchen…

MB: Answer my question please.

JC: Put it in writing, when I have time I’ll answer it.

MB: No, no, you’ve served a notice to go into my room…

JC: {talking over MB} Can I…And the kitchen! And the kitchen!

MB: I would like my question answered … no you’re gonna answer my question.

JC: {indistinct}

MB: I have the right to know.

JC: {talking over MB} No, I’m going to the kitchen!

MB: I have the right to know.

JC: {shouting down the stairs} Get Richard! Call a cop {indistinct}

MB: Call them. Goodbye! {closes door}

PB: Okay, call the cops.

[After the door closes, JC voice can be heard through the door, shouting in the hallway for a few seconds}

2:00

PB: I’ll see if I can get it out of him. All right.

MB: There’s no work order to be done in my room.

PB: Well, he says he has one.

MB: I know.

PB: If he can show me one, okay.

2:50 {door to outside opens} {there was a step ladder set up in front of the door. Agostino was on it. I walked around the ladder, saw and heard John talking on the phone, then went to the other side of the front deck and lit a cigarette to wait for John to finish his conversation on the phone. All of the adults in the building were smokers, and I had frequently seen John in the company of people smoking outside.}

3:00

JC: Yeah. That’s correct. They’re not lettin’ me in so I’m gonna call a cop, I’ll call somebody as a witness, I’ll talk to my brother, I have one of the tenants here in front of me, I guess he has something to say to me that’s not important to me, but he has somethin’ to say, but I’m gonna go up there and do my work, I asked to go in the kitchen,  they denied me entrance to the kitchen, I asked to go to…in the notice it said that I gotta go into. Anyways, he’s holding a copy of the order like he’s gonna tell me something I don’t already know but nonetheless, I don’t even wanna talk to this person, I refuse to talk to him, I have to go in and do my work. Let me ask, hold on, Paul, can I go into the room and do my work?

PB: Yes, you may, if you properly explain what…

JC: {indistinct} Can I go do ‘em, yes or no?

PB: yes, if you properly explain what it is that needs to be done and what areas you need access to. Not until.

JC: No no. Viddie, in the notice it says I have to go into the kitchen…to work in the kitchen and {indistinct}

PB: It also says you have to go into that bedroom, and we wanna know why.

JC: That’s all I have to do is require that. I tell him I gotta do the work according to the work order, is that correct?

4:00

PB: Not really.

JC: Thank you, yes.

JC: That’s your…is that correct?

PB: That your lost-ball-in-tall-grass paralegal?

JC: He’s ah…you’re…he just called you a lost…called you a lost paralegal.

PB: I said ‘lost ball in tall grass’. It’s a euphemism that means confused.

JC: Yeah…yeah…{indistinct} he’s calling you confused now {laughs mockingly}. Okay.

PB: None of your notices of entry are proper.

JC: He’s badgering me with questions, before I even come to do my work. I’m not here to talk to him, I told him any questions that need to be done he is to give them to you. Give it to you, yes.

PB: I already tried that Cerino. {Note to reader: I’d already tried to give Yahkni maintenance requests, once by phone and once in person at this point. She told me both times that she wasn’t authorized to accept repair requests. Her non-response to my email of May 13, 2017 (until it was too late), and her response to my call about the notice of entry on May 13, 2017 did not inspire confidence that any such communication would result in the clarification we asked for. I did send her an email later in the day. She did not respond to it.}

JC: Contact your office. Okay I think he knows where your office is, he’s been there before, right? Good, okay. Then I’ll tell him just exactly that. He’s stop blowing smoke in my face.

PB: That’s how the breeze goes.

JC: You can’t…stop blowing smoke in my face. {As he said this, John approached me rapidly from his position about 10 feet away, across the deck. He moved fast enough to startle me. He was doing his best to provoke violence, which would have given him grounds for immediate eviction proceedings.}

PB: Back off, Cerino, you don’t wanna go there.

JC: He’s bein’ ignorant right now in front of me too, okay?

PB: Yeah, yeah, yeah.

JC: He doesn’t stop being ignorant, it’s the only thing he knows how to do. But nonetheless…

5:00

PB: Whoa. {As John said ‘nonetheless’, he moved to a position a foot away from me, and thrust his face into mine as he spoke}

JC: Nonetheless, I need to go up there, he’s playing games with me, what should I do? Should I call the police? {as he said this, John backed away about two feet}

PB: Yeah, go ahead, call the cops John.

JC: He’s tellin’ me yeah, go ahead, call the cops. I think I will. What else … well, the bylaw officer told me she’d get back to me later today because she was going somewhere else, she had some real important work, not stupid work,

PB: Uh huh.

JC: She had important work not stupid work, so when she has time later she’s gonna contact me. But, in the meantime I have to get this work done and he stopping me from doing the work. {As John said ‘stopping me’ he moved close to me and thrust his face into mine} STOP BLOWING THAT SMOKE IN MY FACE!

PB: Get the fuck out of my face, Cerino!

JC: Why? You don’t like me? {John begins trying to kiss me on the face, making smooching sounds. He’s fast, I was barely able to avoid him. He also began poking me in the chest with his free hand.}

PB: Yeah, I don’t. You try and kiss me again…yeah, get the fuck away from me Cerino.

JC: C’mon. C’mon.

PB: Back the fuck off!

JC: {mocking} Back the fuck off!

PB: You piece of shit.

JC: You hear all this Viddie? Do you hear?

PB: Get out of my face. You’re two inches from my face Cerino, you’re being aggressive, get the fuck away from me.

JC: Look wha…look what he’s doin’! Look! He…bu…am I talking aggressive? I think he’s a very cute person {John poked me in the chest again while he said that}

6:00

PB: Get out of my face you…

JC: I think he’s a very cute person. Heh heh.

PB: You think so, eh?

JC: {giggles}

AC:{on a ladder, 10 feet behind JC} Do I need to come down?

JC: Yeah. He blowing smoke in my face! I should have to {indistinct} {John moved away from me as he said this, to a distance of about 6 feet. I tossed the cigarette I was smoking over the side of the deck}}

PB: You lying sack of shit.

JC: He’s blowing smoke in my face, that’s what he’s doing.

PB: Good for you.

JC: That is harassment, I know. Yeah, thank you Viddie. I’ll call the police, that’s the next step, …

PB: You do that.

JC: …and I’ll get Richard here, and right in front of the police I wat him to deny me entry there, when I haven’t given him written notice, okay?…Well…I will try and call {indistinct}

PB: {talking over JC} Why don’t you tell your to look up Wrona vs Toronto Public Housing Corporation.

JC: Just a second, he’s got a comment for you, here. {As he said ‘just a second’ John approached me, fast. As he said ‘here’, John shoved the phone into my face. If I hadn’t moved back a step, it would have hit me in the face. I also got a good whiff of John’s body odour. It’s strong and unpleasant.}

PB: She heard me.

JC: No she couldn’t hear ya.

PB: Look up Wrona vs Toronto Public Housing Corporation.

JC: Okay.

PB: Look up that particular Divisional Court decision.

JC: You hear that, Viddie?

PB: Yeah.

JC: He’s threatened a…court…he’s threatening a law that he thinks he knows something about. He thinks he’s a lawyer now. {laughs mockingly} Okay…okay…he….yeah.

7:00

I told him to contact you {indistinct} and to put it in writing. You now what? He’s just a…he’s an ignorant person that won’t let me do my work because he don’t have to pay his rent and, you know, meet the bylaws of the rent and everything else in this world which he tried not to meet. Cuz it…you know, …yeah, I know but I got him in front of me right now, I’m on the veranda, and my brother’s, I’m watching my brother do some work, he’s disrupting my work as I’m tryin’ to do my work. Okay? And he has no meaning to even talk to me. I’m there to do my work, I’m not there to talk to him…I told him that I don’t want him to talk to me. Absolutely. And that’s…and that’s harassment.

PB: Well, until you properly, uh you give us proper notice of entry you’re not comin’ in.

JC: I uh…I uh…

PB: Simple as that.

JC: You say…you say that I never gave you proper entry notice, the notice was given two days ago, not, not 24 hours, 48 hours, {indistinct}

PB: It’s still not proper John. {As I said this I was opening the front door of the building to go inside}

JC: It’s not proper you got…

{door closes}

8:00

{sounds of PB climbing stairs and entering Unit 2}

PB: Work orders are here too. Uh,  two most recent ones are on top, and  the one to do with our place is right on top so I’ll leave that right here. I’ll leave the door open.

9:00

MB: Yup.

{sounds of PB descending stairs and exiting the building}

PB: Okay to come out Auggie? {Agostino was on the ladder in front of the door, partially blocking it. He’d moved the ladder in the time I went upstairs to drop off the papers. John wasn’t in sight, but came around to the front of the deck a few seconds later}

AC: You can step out, just don’t go under the ladder please.

PB: Yup. Told you last time around Auggy, if he doesn’t give us proper notice, he’s not comin’ in.

AC: Well he seems..{indistinct}

JC: You mind not talking while he’s working please? Thank you. Put it in writing and give it to my paralegal.

PB: Well, I’ll give you a heads up John. If you don’t give us proper notice, you’re not coming in to the apartment.

10:00

JC: Did you hear what I just said? You can out that in writing…

PB: I already did that. She’s just like you, she ignores shit.

JC: Give it to my paralegal please. I know, everybody ignores you. Put it in writing.

PB: Well, you have.

JC: Okay, give it to her in writing please.

PB: I already have.

JC: Hey, you’re not stickin’ around?

JC: No John, I’m not.

JC: You scared of these people?

PB: No, actually I plan to go down to bylaw and raise some more hell about your bullshit.

JC: I hope you do. I’ll be looking forward to it.

PB: I’m sure you will.

JC: I kinda miss you.

PB: Well, then you’re god damned stupider than you look.

JC: {laughs mockingly} You don’t look that…

PB: And that’s tough.

JC: {laughs mockingly}

As John was saying “I think he’s a very cute person”, he was poking me in the chest. He was also (somehow) spraying my face with spit as he made the smooching sounds. I don’t know how he did that, and haven’t been able to duplicate it (I’ve tried). I believe he was trying to provoke violence. He was incredibly antagonistic the entire conversation.

I left, then walked over to City Hall.

Later, I emailed the paralegal, Vidywattie Yahkni (Doc 135).

The relevant parts of that email follow:

Attached are copies of the Notices of Entry Mr Cerino has served us. The current notice is page 15.
There are some issues with this notice. While we recognize that Me Cerino has rights as a landlord his behavior has long since crossed the line into harassment. This document appears provocative and inflammatory.

1) Mr Cerino appears unaware that we have the right to record what we choose in our home. If Mr Cerino chooses not to enter because of the cameras, that is his choice.
2) The phrase “as well as the other work that is needed to be addressed to the unit” is vague. If Mr Cerino specifies exactly what work, we will have no objection to those areas of the apartment being accessed. However, the wording raises concerns, particularly in light of Mr Cerino’s comments on February 22, 2017 and the ongoing LTB application against your client. 
3) We will speak to whom we choose in our own home.

4) The time of entry is a seven hour window.
Mr Cerino has, without exception, acted as an aggressive, antagonistic bully on every occasion he has entered or been working around our unit. He insists on conducting the repairs in person, then acts in a manner that is disruptive to the work being done in a timely manner. 
Mr Cerino’s co-landlord, Agostino, is welcome into the unit to do repairs. Agostino has acted alone as the landlord in previous LTB matters for 99 East Ave S, is not disruptive, insulting or antagonistic, and is a perfectly reasonable alternative to John Cerino entering our unit.

I invite you to contact me in a timely manner to discuss these issues.

AND

Ms Yaknhi;

Further to our telephone conversation earlier today, please be advised that Mr Cerino was being physically aggressive while on the phone with you, violated my personal space, spit in my face while talking, and twice placed a hand on my chest. It was at that time I was swearing at him. While I am aware that your client’s actions were an assault, the only witness was Agostino, who has already demonstrated his willingness to be untruthful on his brother’s behalf.

After sending the email I went to City Hall to attend an ACORN rally. I also considered contacting police and making a complaint of assault against John. I didn’t think charges would be laid (the only witness was Agostino, and there was only audio of the assault, no video.) It was, nevertheless, an assault, and taking into consideration the LTB applications we had and the fact that John and his crew were becoming increasingly unstable and provocative, it seemed prudent to document the incident and make a complaint. So I did.

I also emailed Yahkni (Doc 135) (and never got a response. When John says ‘Contact my paralegal’ it means he’s gaslighting, as a rule). In this case, I’m not sure if he was gaslighting her or me.

It took the cops several days to get back to me (AR 82 and AR 83).

The emails to Constable Majewski are Doc 136.

I also made a complaint to the RHEU (Rental Housing Enforcement Unit). The officer I spoke to wasn’t much help, but did promise to send John a letter reminding him of the fines for the provincial offences I was alleging he was committing.

My notes for the day are here (Doc 138).

They read: 

10:05 – Maureen called to let us know “they are on the way”. When asked if an ETA was known, she got snotty.

10:35 – Councillor Farr and Lynne Shewfelt arrived, explained the delay as “I thought we were meeting at City Hall.” Recorded. 

11:40 – Cerino entered. Recorded. Afterwards, I went downstairs to explain the situation to John. He became physically aggressive during the conversation (recorded, see emails to paralegal earlier today).

12:15-13:00 – attended rally at city hall (Acorn). 

(Note to reader: I haven’t included details in this blog, but I had become involved in tenant advocacy in 2015, after my roommates (Marie and Mike) had dealt with a renovicting landlord named Joe Accardi (owner of Red Brick Rentals). Joe used many of the same techniques as John, and it was clear to me that slumlords (and other predatory landlords) were becoming a problem in Hamilton. In the fall of 2018 I stopped associating with organized tenancy groups in Hamilton, after the conversations began veering away from peaceful (and potentially disruptive) protest and towards conspiracy to commit armed insurrection. Some of those “tenant organizers” (NOT ACORN members) are as crazy as our landlord. A modern city is a complicated, complex and somewhat delicate machine. Calling attention to problems in that city is just fine (in fact, it’s what a citizen is supposed to do) but deliberately throwing chains and tools into that machinery at random is just plain stupid on a lot of levels.)

My roomate’s notes for the day are here (Doc 139).

Doc 139 - 2017-07-18 - notes on John's behaviour during repairs
Doc 139 – 2017-07-18 – notes on John’s behaviour during repairs

The Occurrence Report for Incident ##17-670910 (my complaint to HPS about the assault) is here (Doc 140). The relevant portions are:

Occurrence 17670910 Assault-Level 1

Author PIOS, J

Report time 2017/07/20 15 59

Entered by PIOS, J

Entered time 2017/07/20 15 59

Remarks-

Narrative

On July 17th 2017, John CERINO the landlord of the building attended BOSCH apartment to fix some things

When CERINO arnved to the apartment BOSCH started to ask him questions about what he was fixing and why he needs to access his room because ft was not on the notice

CERINO took this as denying access to the apartment and became very hostile and stormed out.

BOSCH followed CERINO outside in front of 99 East Ave S to confront him about what had happened

CERINO became very angry and shoved BOSCH a couple times in the chest CERINO also kept getting close to BOSCH face and kept putting his phone near his ear telling him to speak to his paralegal

BOSCH asked CERINO to back off however he did not

BOSCH did not suffer any injuries from this incident however he felt threatened by CERINO

BOSCH stated that CERINO has recently tried to evict him and they currently have a case with the Landlord Tenant Board

BOSCH is scared that CERINO behaviour towards him will escalate and is frightened at what he may do next

BOSCH has audio recording of the incident

Please have a Beat Officer follow up

Not Cleared, Continuing

Supplementary report

Occurrence 17670910 Assault – Level 1

Task

Author #1111 ALLCHIN, D

Entered by #1111 ALLCHIN, D

Remarks

Narrative

Writer was assigned this matter for follow-up

Report time 2017/07/22 20.07 Entered time 2017/07/22 20 07

On Saturday July 22nd 2017, wnter reviewed the GOR submitted by J Pios

At approximately 20 00 hrs, writer and PC Krasjula attended #2-99 East Ave S, to speak with the complainant Peter BOSCH There was no answer at the door. Writer contacted BOSCH on the phone who advised that he was not at home / available BOSCH was displeased that police attended his residence as he had requested that not happen Writer advised BOSCH that he will make attempts to contact him at the start of the next shift on July 23rd to follow-up with this matter then

Wednesday July 26th 2017 Writer unable to follow-up with this matter on this date, please forward to officer, Majewski for follow-up with the complainant

Not cleared – Continuing

Supplementary report

Occurrence 17670910 Assault – Level 1

Author Entered by Remarks- Narrative

#326 MAJEWSKI, T #326 MAJEWSKI, T

Report time 2017/07/27 08 30

Entered time 2017/07/27 08 30

On Wednesday, July 26, 2017 at approximately 1320hrs writer contacted Peter BOSCH regarding the assault investigation.

Peter advised that on July 18, 2017 he was involved in an altercation with the building’s landlord, John CERINO

Peter advised that the incident occurred in front of the building, however there were no video cameras in the area.

Peter alleged that John attempted to kiss him and then pushed him Peter advised that he had recorded the incident (audio only) on his phone. Writer requested Peter to email the recording to writer

Peter advised that John’s brother may have witnessed the incident There was no one else around at the time

Peter did not suffer any injuries, however he advised that he is scared of John Writer offered a place of safety, which was strongly declined

On Thursday, July 27, 2017 writer received an email from Peter with the audio recording of the incident Writer listened to the recording and noted that a female, Peter and John were arguing over a work order at their apartment Later, John left the area and Peter followed him. It appeared that both males were standing outside the building John was heard talking to someone on his phone and he was complaining about Peter’s behaviour. Then, both males began arguing and yelling Peter was heard calling John derogatory names Peter alleged that John tried to kiss him and John alleged that Peter was blowing cigarette smoke in his face

Wnter phoned Peter and advised him that no charges will be laid Writer believed that Peter was not threatened dunng the incident as he followed John and confronted him Also, Peter had the opportunity to leave the area, however he chose to stay and argue with John Peter was advised that avoid contact with John and to call police if necessary Writer advised Peter to contact Housing Tribunal regarding any landlord-tenant issues

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