This hearing was for our landlord’s L2 application, SOL-84218-17 (Doc XX), based on the N5 Notices dated May 25, 2017 (Doc 113) and July 18, 2017 (Doc 143). The hearing recording is here (AR-94).

Vid 92 – 2017-09-28 – LTB – Hearing Recording SOL-84218-17 with timer

As a result of the discussion and mediation (not included in the hearing recording) Yahkni had agreed to accept rent payments, which relieved us of having to deal with John each month, or having to endure another of Pollington’s outbursts of profanity just to pay the rent.

Note that Ms Yahkni asks me to call her and arrange a time to drop off the rent at the end of the recording. That’s what I did. She kept missing appointments without notice later, which wasted a lot of my time. As well, John had made an appearance at the unit when I was being stood up on one of the appointments I’d made. Yahkni was not being truthful when she told the member that John had further Property Standards orders.

This hearing used up 50 minutes of a member’s time, as well as 90 minutes of a mediator’s time.

So far, this disagreement with our landlord had used up 8 hours 10 minutes of hearing time at the LTB, in 8 hearings, one by telephone, five in person (counting the Case Management Hearing and mediation session of May 19, 2017 as hearings). It has also used up 7 hours and 50 minutes of a mediator’s time.

The Interim Order is here (Doc 175) and reads as follows:

File Number: SOL-84218-17-IN

In the matter of: 2, 99 EAST AVENUE S HAMILTON ON L8N2T6

Between: John Cerino Landlord

and

Marie Ball Tenants Paul Bosch

INTERIM ORDER

John Cerino (the ‘Landlord’) applied for an order to terminate the tenancy and evict Paul Bosch and Marie Ball (the Tenants’) because the Tenants’ behaviour has substantially interfered with another tenant’s or the Landlord’s reasonable enjoyment of the residential complex, and/or lawful rights, privileges or interests.

This application was heard in Hamilton on September 28, 2017.

The Landlord, the Landlord’s Legal Representative, Vidywattie Yakhni, and the Tenants attended the hearing. The Tenants spoke with Duty Counsel prior to the hearing.

The Tenants requested an adjournment of the hearing, in view of pendency of their related tenant applications SOT-80393-17 and SOT-77620-17. The resolution of the Tenants’ applications or hearing these applications together with this application will bring clarity to the issues. The request was granted.

It is ordered that:

1. The hearing is adjourned to another date to be scheduled by the Board.

Until return of this matter, it is ordered that:

2. The Tenants shall pay the lawful rent to the Landlord’s Legal Representative at 2557 Barton St. East, Hamilton, Unit 1.

Order Page 1 of 2

File Number: SOL-84218-17-IN

3. The Landlord will not enter the unit to replace the carpets. The Tenants will not request rent abatement with regard to the carpets, although they reserve the right to deal with the issue of necessity of replacement of the carpets.

4. The Landlord shall have right to enter the unit to do repairs, provided the Landlord provides written and detailed 24 hour notice of entry, which will specify the date, the 2-hour window and the specific room(s) to be accessed.

5. The Tenant shall not videotape repairs by the Landlord outside the rental unit and “normal” day to day activities of other tenants.

October 11, 2017 Date Issued Cristina De Leon-Culp Member, Landlord and Tenant Board

Southern-RO 119 King Street West, 6th Floor Hamilton ON L8P4Y7

If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.

We left the hearing hoping we’d be spared the presence of Richard or John when collecting rent. We were wrong.

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