Friday June 1, 2018 – Agostino collected the rent alone. I was not there. The camera malfunctioned, so there is no recording of the event.
Our latest T2 application (SOT-91682-18) (Doc 319) had originally been scheduled to be heard on June 1, 2018. However, it had been rescheduled to an indefinite date. I was not able to get any explanation from the LTB staff, other than being told ‘Check your mail for an order or a new Hearing Notice.’ I’d found out the hearing was cancelled by noticing that the June 1 date had disappeared from the LTB site here so I called to find out why. If we were ever sent any notification by the LTB, we did not receive it.
Sunday July 1, 2018 – Marie called Agostino to ask that we pay the rent the next day. He agreed. On July 2, 2018 Agostino arrived to collect the rent (Vid 39). He was alone. The list of repairs that Marie handed him included painting the bathroom, repairing the tub surround, and fixing a few more gaps in the window frames. It also informed him that we’d found live bed bugs in the unit (Vid 40), and asked him to inform any workers entering the unit that they would be recorded on video.
Friday July 6, 2018 – Agostino delivered a Notice of Entry for July 10, 2018 for a bedbug treatment (Doc 201) that had instructions for preparing the unit attached. The Notice does not conform to the Interim Order issued on Oct 11, 2017 (Doc 175).
Tuesday July 10, 2018 – The exterminator entered our unit and treated it. He confirmed that our preparations were adequate, but seemed ill at ease with the camera. Agostino and John hadn’t mentioned the camera to him (remainder of Vid 41, 02:37 to the end). When he finished, he gave a copy of an “Invoice” to Marie(Doc 204), and Agostino paid him $150 cash.
The Inspection and Service Report (Doc 203) wasn’t given to us until November 22, 2018. The kitchen was crowded because there was no infestation there, and the instructions were to prepare infested areas only. Marie had specifically asked when she called, and was told the kitchen would not be treated. The same reason applied to the “crowded” spare bedroom (Bedroom 3).
Friday July 13, 2018 – Agostino delivered a Notice of Entry for various repairs on July 16, 18, 19 and 20 (Doc 320). The Notice does not comply with the interim order (Doc 175), and isn’t even a valid notice under the RTA (there’s no address of the rental unit on it), but at least Agostino seemed to be trying.
Monday July 16, 2018 – We received this Interim Order in the mail (Doc 202). It reads as follows:
File Number: SOT-91682-18-IN
File Number: SOL-84218-17-IN
File Number: SOT-77620-16-IN
File Number: SOT-80393-17-IN
In the matter of: 2, 99 EAST AVENUE SOUTH HAMILTON ON L8N2T6
Between: Paul Bosch Marie Ball
Paul Bosch (PB) and Marie Ball (MB) (the ‘Tenants’) applied for an order determining that John Cerino (JC) (the ‘Landlord’) harassed, obstructed, coerced, threatened or interfered with them and entered the rental unit illegally.
The Landlord applied for an order to terminate the tenancy and evict the Tenants because they, another occupant of the rental unit or someone they permitted in the residential complex have substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
The Tenants applied for an order determining that the Landlord failed to meet the Landlord’s maintenance obligations under the Residential Tenancies Act, 2006 (the ‘Act’) or failed to comply with health, safety, housing or maintenance standards.
The Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with them.
These applications were originally scheduled to be heard on different dates before two adjudicators, Member Henry and Member De Leon Culp. However, it appears clear that there may be significant substantive overlap between the applications. With this in view and in the interests of judicial economy, administrative efficiency, consistency in Board decision-making and the convenience of the parties, the matters have been scheduled to be heard together afresh by a panel consisting of these Members. As per the Notice of Hearing, the matters have been set down for September 24, 2018 at 9:30 a.m. in the Hamilton office of the Board.
It is ordered that:
1. By August 1, 2018, the Tenants shall provide the Landlord with the following with respect to applications SOT-91682-18, SOT-77620-16, and SOT-80393-17: a copy of all documents (including photographs) they intend to rely on at the hearing; the names of each witness they intend to call at the hearing; and written summaries of the anticipated testimony of each witness. For each issue, the Tenants shall be prepared to identify: what the issue is; when it started; when if at all the Landlords became aware; what, if anything, the Landlord did to remedy the issue; the impact of the issue on the Tenants and; the remedy the Tenants are seeking.
2. By August 20, 2018 the Landlord shall provide the Tenants with the following with respect to applications SOT-91682-18, SOT-77620-16, and SOT-80393-17: a copy of all documents (including photographs) he intends to rely on at the hearing; the names of each witness he intends to call at the hearing; and written summaries of the anticipated testimony of each witness.
3. By August 1,2018, the Landlord shall provide the Tenants with the following with respect to application SOL-84218-17: a copy of all documents (including photographs) he intends to rely on at the hearing; the names of each witness he intends to call at the hearing; and written summaries of the anticipated testimony of each witness. 4. By August 20, 2018 the Tenants shall provide the Landlord with the following with respect to application SOL-84218-1: a copy of all documents (including photographs) they intend to rely on at the hearing; the names of each witness they intend to call at the hearing; and written summaries of the anticipated testimony of each witness. 5. Pursuant to Sub-Rule 19.1(3) of the Board’s Rules of Practice, if either party fails to comply with any of paragraphs 1 to 4, as applicable, that party may not rely on the * evidence that was not disclosed or ordered, unless otherwise ordered.
July 11,2018 Date Issued
Cristina De Leon Culp
July 16, 18 and 19, 2018 – Agostino and Roy entered the apartment and conducted repairs. The repair to the tub surround was of a very low standard of workmanship but again Agostino seemed to be trying. As neither John or Richard was present in the unit, Marie did not record their interaction.
Tuesday July 24, 2018 – The exterminator came to the apartment and treated it for bedbugs. We prepared the unit as before, and Marie asked the exterminator if preparations were adequate. He said they were. Marie did not record the encounter. As before, Agostino paid the exterminator $150 cash. No “invoice” was left this time.
Friday July 27, 2018 – Agostino delivered another Notice of Entry for July 30 and 31 (Doc 207). This Notice does not conform to the interim order (Doc 175). The painting done in the bathroom was done to a very low standard of workmanship. Marie was a bit annoyed they hadn’t simply supplied the paint and let her do the work. We’d offered, but John (through Agostino) had declined.
Monday July 30, 2018 – Yakhni sent an email with her witness list (Doc 209) and “Will Say” statements (Doc 208). Her “will say” statement has some gibberish in it. (Paragraph 16). I asked her about that later, in an attempt to clarify meaning, and was told “You have it, read it. It isn’t my fault you can’t read.” It became quite clear to me that Yakhni was either less than fluent in written and spoken English, or that she feigned difficulty with written and spoken English when it suited her. Her knowledge of the law showed some surprising gaps as well, even to an inexperienced layman. (For example, Yakhni insisted at one point that a landlord could not delegate certain duties under the RTA, and that a tenant could not have a landlord removed from his premises by law enforcement if notice of entry was given no matter how the landlord behaved. She also suffered from the delusion that it was “illegal” to record someone without their permission while that person was in our home and engaged in conversation with one or both of us. I was quite careful to make clear that the recordings were made with cameras clearly visible as well. She still insisted we were “breaking the law, the criminal law” for recording a video in our own home without the permission of all persons shown in the video (and I was quite specific about the circumstances). She would not articulate any reasoning behind that rather remarkable statement, but I suspect John’s insistence that we were “harassing” him stems from that belief. Those conversations took place a year earlier, during mediation. )
Tuesday July 31, 2018 – Marie called Agostino and made arrangements to pay the rent the next day.
In mid-June, the ‘family barbecues’ resumed at Pollington’s unit (roughly every other weekend) and every Sunday the loud, obnoxious crew worked on the same vehicle in the driveway through the month of July. It wasn’t so bad; my roommate and I had covered the windows with 2″ foam insulation to prevent the apartment from heating up during the day. They were pretty good at insulating the noise.