Tuesday January 2, 2018 – Agostino came by to collect the rent (Vid 34). He brought Richard Pollington with him, but Richard was well behaved so we raised no objection. Agostino also accepted delivery of two letters, and discussed repairs of the drafty windows. The two letters Agostino accepted were a request by Marie for John to accommodate her mental illness by not attending the unit for requested repairs in person (Doc 185) and a letter from both of us explaining the small amount of rent we’d withheld as interest on our last month’s deposit (Doc 186). Marie’s letter (Doc 185) reads as follows:

l/l/20l8

Marie Ball

#2-99 East Ave South,

Hamilton, ON L8N 2T6

John & Agostino Cerino

Agostino;

As further repairs are necessary to our unit, I am requesting an accommodation for my mental illness.

As you can see from the attached letter from my doctor, I suffer from {redacted} and migraines. John’s behavior, particularly his aggressive antagonistic bullying, menacing and constant false accusations have become a threat to my mental health and have caused me to fear for my safety.

As John has proven himself incapable of controlling his behavior, even when being lensed or with witnesses present, I am requesting that John Cerino not enter our unit, or be on the property while repairs are being conducted.

Marie Ball

Marie’s letter had a letter from her doctor attached (Doc 184), addressed to Sean Henry, that confirmed she had been diagnosed with a mental illness.

Friday January 5, 2018 – Agostino served us with a Notice of Entry for January 8 & 9, 2018 (Doc 187). The Notice does not conform to the Interim Order (Doc 175).  The windows were repaired by Agostino and Roy. Marie was in the unit for the repairs, but did not feel it necessary to record their interactions.

Monday January 8, 2018 – Agostino entered the unit alone and put weather stripping on the sills of the worst of the living room windows.

Tuesday January 9, 2018 – Agostino returned with Roy and worked on the living room windows for about an hour.

Wednesday January 31, 2018 – Marie called Agostino to make arrangements to collect the rent on February 1, 2018.

Thursday February 1, 2018 – Agostino arrived to collect the rent accompanied by Richard Pollington (Vid 35). Pollington was well behaved (as usual around Agostino) so we raised no objection. This will become important later, so please note that Richard Pollington writes down the amounts for each tenant’s rent.

 Thursday March 1, 2018 – Agostino arrived to collect the rent accompanied by Richard Pollington (Vid 36). Richard was well behaved and we raised no objection.

The next LTB hearings were scheduled for April 16, 2018.

Tuesday March 13, 2018 – I sent Yakhni an email to arrange an appointment to disclose the mountain of evidence the applications had generated (Doc 188). It reads:

SOT-77620-16, SOT-80393-17, SOL-84218-17

Peter Bosch pbosch468@gmail.com

 Tue, Mar 13, 2018 at 4:26 PM

To: info@edgeparalegal.ca

Ms Yahkni;

Please contact me to arrange a meeting between March 21 and March 30 so that you may receive disclosure on the three applications before the LTB, as well as other related applications that will be filed by March 20. Please be prepared to verify that the documents and audio and video recordings disclosed match the index that will be provided..There are approximately 1500 pages of documentation, as well as 42 hours of video and audio recordings, which makes disclosure by fax impractical. My cell number is 289-698-6779, and I can usually be reached during normal business hours on it. Alternatively, you can respond to this email.

Peter Bosch

Yakhni never answered it. So, the next day I called her, which resulted in an appointment on March 28, 2018. I sent her an email to document it (Doc 189).

Friday March 23, 2018 – Yakhni sent me an email asking for our consent to adjourn the scheduled hearing on April 16 (for SOL-84218-17, our landlord’s L2 eviction application and our two applications, SOT-77624-16 and SOT-80393-17, (Doc 193, Doc 194 and Doc 195)). We gave it on March 27, 2018.

Neither of us (my roommate and I) was happy about it, but it was the landlord’s first request for adjournment (other than some sharp practice with the disclosure to manipulate us into asking for an adjournment, which didn’t work and wouldn’t have counted). That meant they’d likely get it, or so we were told. So we agreed.

I also filed another T2 application, trying to bring our landlord’s misdeeds up to date (Doc 196)

Wednesday March 28, 2018 – I sent Yakhni an email asking to reschedule the appointment to drop off disclosure (Doc 192). She agreed.

During this period, there were quite a few instances of Richard Pollington muttering (or shouting) obscenities or insults as we passed on the building grounds or in the front foyer. Christina Stamper was in his company for a few of these, but did not say anything and may not have heard anything. I did not respond to any of these provocations. I didn’t document the events in detail because I already had all the evidence I needed to show harassment by Richard Pollington as John’s agent in LTB proceedings. There wasn’t any point in beating a dead horse. There was at least one occasion in this period where Richard forbade me to use the back stairs to my apartment again. He attempted to “invoke my authority as the building superintendent” (he used those words, and spoke them slowly, as though he’d memorized them). I told him I was “exercising my rights as a tenant to use common areas, so stop bothering me.”

The security door at the bottom of the stairway to the second floor was left unlocked about a half dozen times that I knew about during this period. The front door of the building was frequently left unlocked by one of the seemingly endless stream of people moving back and forth between Pollington’s unit and the Stampers’ unit. Some of them I recognized (Richard Pollington Jr, his wife Jennifer, Christina and Ron Stamper (although I didn’t know their names at this point) were among them. Most I didn’t recognize, and ignored them. Neither of us wanted to know any of them.

There was also a lot of foot traffic to the Stamper’s unit in the evening, lasting until midnight or a bit later during the week, with the occasional vehicle parking on the street outside the unit. None of the visitors stayed more than a few minutes. My guess was that somebody in that unit was dealing, most likely pot (from the looks of the customers and the time of day of the traffic). It didn’t interfere with my roommate or myself, so I didn’t care. The only unusual thing I noticed was that most weekends, there was no traffic. {There were a LOT of small time pot dealers at the time. Legalization was coming, the police (at least in Hamilton) didn’t really care if you were growing a small amount or dealing, and the outlaws weren’t objecting to independent producers and/or retailers. It must have been a confusing time for a long-time pot dealer.} The foot traffic seemed to taper off a bit, and the vehicle traffic more or less disappeared, sometime around Easter.


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