Saturday December 1, 2018 – A complaint was made in writing to the landlord by Marie (Doc 237) as well as a request for some needed repairs(Doc 238).

Marie’s letter (Doc 237) reads as follows:

Dec 1, 2018

I, Marie Ball, one of the tenants of 99 East Ave Apartment #2 have a problem that needs to be dealt with.

99 East Ave Apartment #1 assaulted my roommate and has been charged so his mother now thinks his terms of having to stay away from my roommate (Paul Peter Bosch) gives her the right to chase me down and try and tell me where I am aloud to walk and where I am not aloud seen as she thinks that she can not com eon this side of the building. No one at any time has said that and she has no right to try and chase me down and tell me otherwise. I had nothing to do with the charges but if she keeps coming at me I will have no choice but to take further action. If you would please address this so no more official action on my part is needed, that would be greatly appreciated.

Marie Ball

The request for repairs (Doc 238) reads as follows:

Paul Bosch & Marie Ball

01 December 2018

Mr. John Cerino, Mr Agostino Cerino

#1-6 Acorn St, Hamilton, ON L8L 5Y6

This letter is to inform you that repairs are needed to our apartment at #2-99 East Ave South, Hamilton and to express our concerns with your (John and Agostino) recent behaviour.

1. The front door of the building has been stained with coffee as a result of the incident on November 25, 2018 when Peter was assaulted by a tenant from Unit #1, 97 East Ave South.

Please clean it up.

2. The tenant who assaulted Peter (Jeremy Stamper) has a key to both the front door and the door leading to the second floor of 99 East Ave South. Please change the locks on the front door and the door leading upstairs to our unit.

3. The hot water is still unreliable, and frequently unavailable. This problem has been ongoing for nearly three years. Please repair it.

4. Ms Ball has repeatedly asked that John not come to our unit, as an accommodation to her mental illness. John has repeatedly ignored that request, and ignored the requirements of the Interim Order SOL-84218-17-1N issued on October 11, 2017. Please give us a Notice of Entry for December 6 that complies with that order. Failure to do so may result in your being refused entry.

Please ensure that any Notices of Entry comply with Interim Order SOL-84218-17-IN issued on October 11, 2017. Please also note that Ms Ball has asked that John Cerino not enter the unit for repairs as an accommodation to her mental illness. Any further failure by John Cerino to accommodate Ms Ball’s disability will result in aggressive legal action.

Please advise any workers who will be entering the apartment that they will be recorded on audio and/or video at our discretion.

Paul Bosch & Marie Ball

We had planned to deliver the letters to Agostino when he arrived to collect rent. (And there are two errors in the letter. The assault took place on November 23, 2018 not November 25, 2018 and I referenced the wrong Interim Order).

At 17:00,when Agostino arrived to collect rent, he was accompanied by John, breaking a previous agreement that John would not be present when rent was collected. I closed the door and refused to speak with either of them (Vid 54).

So, we called Agostino (AR 125). Marie asked him to return to collect the rent without John. While speaking with Agostino, we could hear John calling the police in the background. Marie commented on it, and I invited Agostino to send them over (meaning the police).

By continually making complaints to police about trivial or non-criminal matters, our landlord and his staff have convinced the police that his is a routine neighbor dispute, with equal fault on both sides. It isn’t.

At 17:30 I called Agostino to try and bring some sanity to the situation (AR 126). The conversation starts when I ask Agostino to return without John to collect the rent. Agostino refuses, stating that he was instructed by John to wait for the police, and that John would be returning in the company of police. Agostino then asks “John is the owner of the house, is he not?”, to which Marie replies “You’re listed as the owner too”. Agostino replies “yeah, yeah I am.”, then says “I am part owner? Okay, I’m glad you know that.” I replied, “That’s what you told us, both of you.” And Agostino replies “I can say whatever I want, can’t I? Do you believe everything you hear?” Marie replies “According to you and your brother”, and Agostino answered “Well maybe he lied too, why don’t you think about that.” Agostino then goes on to say that John didn’t like “what you did to me, last month” and specifies that I “talked like shit” to him and threw five dollar bills at him. The video of the conversation Agostino is referring to is Vid 50, and Agostino’s version of events (in reference to “throwing five dollar bills”) cannot be reconciled with the recording of the conversation. I then asked Agostino to remove the coffee stains from the front door that resulted from Jeremy Stamper’s assault on November 23, 2018. Agostino states “I’m informing you I’m not doing anything about it, you discuss this with John”.

We called police non-emergency number to inquire as to their arrival time, and were told they weren’t coming. So I called Agostino once more (AR 127) to let him know that there would be two letters for the landlord delivered to Richard, and to make arrangements to pay the rent, since police would not be responding to John’s complaint. Agostino sates that he must wait for John’s permission to pick up the rent, and refuses.

And then I delivered the letters (Doc 237 and 238) to our landlord by sliding them under Richard Pollington’s door.

Sunday December 2, 2018 – In the morning, we found a Notice of Entry had been delivered (Doc 239), The Notice informed us that the unit would be treated for bed bugs on December 6, 2018. It did not comply to the Interim Order (Doc 220). It was dated December 1, 2018. A letter from John Cerino accompanied it (Doc 241). The letter reads:

Dec. 2nd 2018

To Paul Bosch and Marie Ball,

Due to your behaviour and slamming the door in my face when trying to collect the rent on December 1st 2018. The rent will be paid by certified check or money order and handed to Mr. Pollington on The 1st of every month. The other option is to make an appointment with my brother and bring the rent to the Richard’s Apt and all three of us present so that your rude and harassing behaviour will not be tolerated. You will pay the rent and receive a receipt for payment. Paying it by check or money order would be the best advice so that we will not be harassed by you and allow you your Privacy. Any further request will be made by letter form in writing to Mr. Pollington and handed to him without any comments made by you. The letter will be address to The Landlord.

Singed, John Cerino

Witnesses Richard Pollington A Cerino

Around 12:30, Jeremy Stamper’s car was parked in the driveway with a group of people working on the vehicle. Jeremy Stamper was one of them. The sound system in the car was turned up to a very loud volume. Marie called Agostino to complain (AR 128). Agostino replies “okay, I’ll give him a call. All right?” Shortly after, the noise stopped.

We weren’t aware of it at the time, but Jeremy Stamper’s undertaking (resulting from his arrest for assault with a weapon on November 23, 2018) had conditions that forbade him from coming onto the side of the building where we lived (Doc 232). Jeremy was breaching his conditions.

This incident will be one of the charges brought by private complaint against Jeremy Stamper when we have a functioning court system in Ontario again. This was a clear breach of Jeremy’s recognizance, even if we didn’t know it at the time. It was also the beginnings of a pattern of behavior by Jeremy and his family that suggested they believed the restrictions to be unfair and onerous. They weren’t. All Jeremy Stamper had to do was leave me alone, but he constantly pushed those boundaries.

Sometime in the afternoon, a letter was delivered by sliding under our door (Doc 240).

Document 240 reads:

Dec. 2nd 2018

To Paul Bosch and Marie Ball, This is a 2nd request to pay the rent for December 1st 2018.

To arrange payment you can call my brother at 289-489-2913 to set a time to collect the rent.

My brother Richard and myself will be there to collect the rent.

Thank You, The Landlord, John Cerino

It is clear that John Cerino wanted to involve Richard Pollington in our dealings, even after Richard had called police with false accusations, made false accusations in LTB applications on behalf of the landlord and a family member had been arrested for assaulting me. That wasn’t going to happen. So I called Agostino. As usual, the conversation wasn’t very productive, but Agostino did agree to ring the doorbell when delivering future notices (he hasn’t) and he states that the letters delivered earlier that day were “requests”. He also states that John does not want any more contact with me because “You’re too rude to him” (AR 129)

We also discovered more bedbugs in the couch:

Monday December 3, 2018 – At 9:10, I was walking beside the building on my way to the bus stop. I was accosted by Ron Stamper, Christina’s husband (although I didn’t know that at the time. I didn’t even know his name.) He was antagonistic, hostile, and screaming insults at me, so I began recording (Vid 55).

I called the police, but no charges were laid (Vid 56). The audio of Jeremy saying “I don’t know why you’re filming, bro” and “You’re just gonna get charged” at 2:50 in the video also violates his conditions, but the police weren’t interested. (Jeremy’s undertaking also forbade him to contact me, either directly or indirectly. His father wasn’t “filming”, so the remark had to have been directed at me). Constable Majewski advised me to continue recording, and to carry on at the LTB.

Ron hadn’t crossed the criminal line and Hamilton Police Services are uninterested in laying charges in (what they think) is a routine neighbor dispute, but this does look a lot like interfering with another tenant’s reasonable enjoyment of his rental unit. Any sane landlord would have served the Stampers with an N5 or two at this point.

I called Agostino to complain about Ron’s behaviour (AR 130). It wasn’t very productive.

The Occurrence Details, General Report, and Officer’s notes are Document 248.

From the Occurrence Details Report:

This date, Peter alleged that he was harassed by .Peter video taped a verbal confrontation he had with in front of porch. There were no assaults nor any threats made by either person. Peter alleged that he stopped by porch as he was looking at squirrels.

Aside: There are a lot of squirrels in the neighbourhood. I like squirrels and understand them. City squirrels are a source of constant amusement. I’ve had a couple of the ones living in the neighbourhood get to know me well enough that they will eat peanuts and walnuts from my hand (you have to be careful, they can scratch or nip if they’re nervous). One of the most hilarious squirrels I’ve ever met (named George) lived in the neighbourhood from the summer of 2016 to the summer of 2018. His name was George (I named him after George Pollington). Meet George:

IMG_4499

George (the squirrel) was still a bit leary of me at this point in our relationship. George had a distinctive injury (not visible in the photo) and was having some trouble feeding himself while he healed, so I helped out by leaving nuts as close to him as I could. He’d take them, and eventually he would take them from my hand, sitting on our back deck. He fattened up a bit too.

There is no mention of Jeremy Stamper’s communication with me, which was part of my complaint (both in my original call to police and to the officers who responded) and a clear breach of his conditions. Both officers (Majewsky and Eisnor) refused to charge what was clearly an offence. Eisnor, for reasons that escape me, thought Jeremy was talking to his father. It’s quite clear he was not.

This incident will be the subject of a private complaint against Jeremy Stamper, and is the subject of OIPRD complaint against Majewski and Eisnor for neglect of duty (Doc 325). I believe that if they had charged Jeremy Stamper with the crime he committed, this whole situation might have played out differently. I didn’t get it on camera, but as I was leaving the building I asked Eisnor (who was with Majewski, talking to Ron and Jeremy Stamper on the Stamper’s deck) for an Occurence number. As she was giving the card, she remarked that I should just leave the Stampers alone and not bother the police any more with “bee-ess” (her word) complaints. She added that her “partner” (her word) had been there before and wasn’t happy about having his time wasted. When I took my cell phone out of my pocket, the conversation became much more cordial (she shut up). Eisnor’s behaviour off camera is different than when she is on camera. This would be the start of Hamilton Police continually discouraging complaints and encouraging us to move. It was bad enough dealing with the lunatic pack of bullies downstairs, I hadn’t expected the cops to join in the bullying. But that’s exactly what they did. I don’t know if it was because they were gaslit by the landlord’s crew, or if was because they were unwilling to take action against a taxpaying landlord on behalf of “welfare bum” tenants, or some other reason. But that’s what happened.

Later in the day, Marie found more bedbugs in the sofa.

Tuesday December 4, 2018 – The ceiling in Marie’s bedroom began dripping water (Fig 67 and Fig 68)

Wednesday December 5, 2018 – The unit was being treated for bedbugs so I called Agostino to let him know about the water dripping, a non-functioning doorbell and to sort out a few details (AR 131).The conversation starts with me informing Agostino that the doorbell isn’t working and about the water damage. Agostino says he will take a look at it. When I ask Agostino if John will be coming (as per the Interim Order, Doc 220), Agostino answers “I don’t know. I don’t think so, unless he shows up, I don’t think he’s gonna be coming in.” When I tell Agostino that if John shows up, he will not be given entry into the unit, Agostino says “You don’t have to let anybody in that you don’t want.” I also inform Agostino that the Notice is deficient, but that we do consent to entry for the purpose of treating the unit. I also stated that we were giving our consent under duress.

Later that evening, Richard Pollington told me “All fags should die” as I was entering the building. I told him that my father had passed away, and asked him to have the decency to back off on the harassment. He answered “Move!” and went inside. I did not record the conversation.

Thursday December 6, 2018 – At 08:55 I recorded a video showing the preparations for treatment in the unit (Vid 57). I was wearing a camera on a strap around my neck that hung to the centre of my chest, and recorded my interactions with Agostino and the exterminator (Vid 58). The video starts a few seconds after I came out onto the front deck to tell Agostino that the mailbox door was open again (Figure 70):

Fig 70 – 2018-12-06 – Mailbox Back Door Open – IMG_5411

The exterminator arrived at 09:40. Shortly after, Agostino gets put of his vehicle, and I showed him the mailbox. I also gave him a letter expressing out concerns about Pollington’s behaviour. I inform hi that we would be filing further applications with the LTB, and question him as to whether the Stampers are his agents. Agostino denies they are his agents, but says he doesn’t know if they are John’s. There is some argument about recording. Agostino had previously asked not to be recorded in the middle of a three person conversation (I was one of the people) and I had done so. After some tense conversation, the exterminator joins us and we went upstairs to our unit. Agostino asked permission to enter the unit to inspect the water damage. I gave it to him, and we walked into Marie’s bedroom. As Agostino is leaving, he says “The doorbell is not working, you say?” to which I reply, “yes, it’s not working”. Once Agostino has left, I ask the exterminator if the preparations are adequate. He appears to ignore the question, so I repeated it, at which time he says he will have to look around. We start by entering Marie’s bedroom, where he asks me to remove some overlooked items from one of the dresser drawers. When I ask if he is satisfied with the preparations in this room, he ignores the question. He then walks in to the living room, dons protective breathing equipment, and begins pumping a spray tank. He then removes his mask to say “okay you can go now”. I ask him “Are you satisfied with the preparations” to which he replies “I will write down everything on the paper. I will write down the service report.” This was our sixth treatment, and to date we had never received a “Service Report”.  He again ignores the question when I ask him if the preparations are adequate, but answers “yes, yes, yes” when I repeat the question again. I then thanked him, picked up two bags of laundry, tossed them in the hallway and asked him for a copy of the service report. He agreed to provide one. I then left the unit.

I then take the bags of laundry downstairs, and discover Agostino in the front foyer. To my question “what do you want?” he answers that he wants to check the doorbell, but will need two people. I offer to help, he says “no, it’s okay.” There is some conversation while I move the bags of laundry onto the deck, mostly about John’s non-communication with us. I ask Agostino to serve the Stampers with an N5, Agostino says there needs to be more documentation and that Jeremy Stamper had not yet been charged with assault. There is further conversation about the history of our tenancy. Agostino also complains that sometimes John doesn’t pay him.

At 21:06 in the video, I ask Agostino to paint the deck. There is further conversation abut the history of our tenancy for the next few minutes, then I move onto the front deck to wait for my ride and smoke a cigarette. As I did so, I noticed Richard Pollington standing in the doorway of the 99 side of the building (he first became visible to me at 30:30 in the video, and that was the first I was aware of his presence). When I noticed him, I was standing on the 97 side of the front deck, so I moved to the 99 side of the deck to investigate (30:40 in Vid 58). What follows is a transcript of the conversation that follows, which began at 30:55 in Vid 58:

AC (To RP): It seems to be working to me.

RP (To AC): Nothing’s wrong with it.

NAC (To PB): Go upstairs and list en and I’ll press it for you. B.mm,

PB: Okay. Give me a second.

AC: {indistinct, in background}

RP: Nothing wrong with it.

PB: Go ahead.

RP: you’re to go upstairs so you can hear it.

PB: I can hear it from here. Go ahead.

AC: Press it Richard, will you please?

PB: Yeah, I can hear it. Okay. It’s working now.

RP: Why is it not working before?

PB: I have no idea.

RP: (aggressively) Well it works now, doesn’t it?

PB: Yeah, it does.

RP: (aggressively, while violating PB’s personal space} Something’s wrong with you!

That was one of Richard’s usual insults. It was usually followed by “Why don’t you move?”, or “welfare bum”, but not this time. (He used the same insult during testimony on August 10, 2017 at one of John’s L1 Application hearings). As well, Mr Pollington’s breath was offensively strong. Pollington shared our John Cerino’s difficulties understanding the concepts of personal space and oral hygiene.

AC: Don’t get into an argument, please.

Agostino clearly heard Richard’s remark to me; he responded to it, contrary to his testimony on February 25, 2020 (below).

PB: Get out of my face Richard.

That seemed a reasonable response to someone aggressively saying “there’s something wrong with you” right in your face. Especially when that someone suffers from extreme halitosis.

RP: {aggressively} Go fuck yourself. You’re a stupid cunt! No I can’t call you…

PB: {aggressively} Come here you little motherfucker. Say that to my face! (As I said that, I took a step towards Richard Pollington. Agostino pushed me just as my foot was landing; I adjusted my balance by placing my right hand against the door which resulted in an impact on the door. It doesn’t show in the video, but at that point I turned my head towards Agostino to see if he would follow through on his initial push. I was in a confined space, facing two very aggressive (and unprincipled) opponents and felt very threatened for a moment. When Agostino did not make any hostile move, the threat subsided).

RP: Oh, come on! {swings his hand at my face} Come on you stupid cunt.

{I almost counterpunched Richard when he swung his hand at my face the first time but didn’t. He hadn’t actually hit me, he was trying to provoke a response.He very nearly succeeded.Pollington was aware that my father had passed away; he was told the day before. The fact that Mr Pollington continued his harassment (to the point of later interrupting a service to honor my father’s memory) caused any remaining sympathy for his situation I may have had to vanish.}

AC: Close the door. You’re not allowed in his room. (At that point I was standing on the threshold, not inside. I reached in and grabbed the door handle and closed the door, as Agostino had asked. The still (Figure 71) from Vid 58 (taken from 31:40:28) shows the door closed.)

Fig 71 – vid 58 31-41-28 still

AC: What are you doing sir?

PB: Closing the door. (At this point, Richard Pollington re-opened the door)

RP: {aggressively} You stupid cunt!

PB: Get out of my face!

RP: I can’t call you a cunt because a cunt is fucking useful.

PB: Get out of my r…face.

RP: Go fuck yourself.

AC: Why are you stirring him up?

PB: You got a complaint. Stirring him up?

AC: {indistinct} Yes! You’re stirring him up. Why? Just leave him alone!

PB: Really.

AC: He’s older than you, have a little respect please.

He’s thirteen years older than I am. Not exactly an ‘elder’, He’s also an antagonistic pain in the ass. It angered me a bit to be told to “show respect” for someone screaming profanities in my face unprovoked (unless you count my request to Richard to stop violating my personal space as provocation).

PB: A little respect?

AC: Yes.

PB: For that?

AC: He had…

PB: That? That piece of crap who signed off on a lie about what happened in my apartment on February 22? That piece of crap that’s been lying through his teeth for the last two years? The parties…

AC: He says he doesn’t want to talk to you no more.

PB: You want respect? Start earning it.

AC: I don’t wanna talk to you.

PB: Yeah.

AC: I’m just asking you to be a little more civilized.

PB: A little more civilized.

AC: Slamming doors and threatening people in the hallway isn’t good.

That isn’t what just happened. Agostino is trying to gaslight me.

PB: It’s all on video, Agostino, there were no threats…

AC: {indistinct} him on, I don’t believe that.

PB: Really.

AC: You got nerve.

I had nerve? You know that thing about the pot and the kettle? I lost my temper a bit.

PB: Get the fuck outta my house you piece of shit.

AC: You got nerve. No wonder people are upset with you.

PB: Really. Because I stand up for myself? Because I don’t take your shit?

AC: {indistinct} threatening people, you could just document it.

PB: That wasn’t a threat! So why don’t you call the cops if that was a threat? Call the cops, I’ll play the video and we’ll waste their time again. Call the cops if you think there was a threat.

AC: You’re offended when people talk to you like that but everybody else has to {indistinct}

Yes, it is offensive when someone calls me a “cunt”, “faggot” or “asshole”.

PB: “Cause I been puttin’ up with two years of his shit. His endless shit. I’ve been assaulted twice here Agostino, …

AC: No you haven’t.

PB: Yeah, I have. By your brother and by fuckin’ Jeremy Stamper.

AC: I never seen John hurt you, ever.

John hadn’t physically injured either one of us, that much was true. However, John had assaulted me, and had menaced both of us on many occasions. Every one of the thrown pieces of paper, rice grains, corn kernals and other objects thrown at me at the LTB facility were also assaults. None of them caused physical injury, and it was clear they were intended to provoke and intimidate rather than injure, but they were nonetheless assaults.

PB: Yeah. Right.

AC: Ever.

PB: Right.

AC: Jeremy … I dunno what happened here, …

PB: I’ll show you the video Agostino.

AC: No. It’s not up to me, it’s up to the judge.

PB: Well, if you wanna know what happened, I’ll show you the video but they charged his ass and I want him out of here.

A clip from Video 58, showing the encounter between myself and Richard Pollington only (with subtitles added) is Video 58a. This was the same video provided to police, with subtitles added (Vid 58b).

Shortly after this conversation, Christina Stamper arrives, stops at the mailbox then comes up the front steps. She is not visible on this video but can be heard. Another camera, (Vid XX) shows her movements from above (no audio, the camera was located in my bedroom window, looking down at the deck). Agostino can be heard conversing with her.

After the treatment I had another discussion about the preparations with the exterminator. He was evasive and antagonistic (Vid 59). He gave me a copy of an “Invoice” (Doc 245). It wasn’t very informative.

Richard Pollington’s statement about these events from his private information (Doc 242) is below:

Richard Pollington’s statement about these events from his Section 810 complaint (Doc 243) is below:

Neither version mentions the presence of Christina Stamper, who wasn’t there. Pollington does not mention his aggressive and unprovoked outburst of profanity, nor does it mention that Mr Pollington opened the door and continued calling me a cunt and asshole after I closed it (at Agostino’s suggestion).

There was no statement from Agostino Cerino included in Pollington’s private information. Agostino’s statement about these events from Pollington’s Section 810 complaint (Doc 244) is below:

Agostino’s statement that “Mr Bosch came into the main hall to complain about his doorbell” is false. In fact, I had informed Agostino of the problem with the doorbell in a telephone call on December 5, 2018 (AR 131) and in my unit, earlier. Agostino had raised the matter of the doorbell when we were in the front hallway. Agostino does not mention Pollington’s aggressive and unprovoked outburst of profanity. Nor does it mention that Mr Pollington opened the door and continued calling me a cunt and asshole after I closed it (at Agostino’s suggestion).

Agostino’s sworn testimony from Richard Pollington’s Section 810 complaint hearing on February 25, 2020 follows:

RP: Okay, Agostino. On December the sixth, 2018, what do you recall happened that day?
16:10
AC: That day I recall coming to the house, taking care of some problems that he had in his apartment, coming downstairs, addressing the doorbell issue, and then watching Peter Bosch push his way into your room, and start a bit of a disagreement with you, and towards the end, reached in and slammed the door, and pushed you.
RP: Was there any damage done to my door?
AC: The door closure needed to be taken care of.
RP: Okay, uh, anything else you wanta add to this?
AC: Other than his aggressive behaviour, no.
RP: Okay Sir. Thank you.
JP: Thank you. Sir?
PB: Ah, I didn’t quite catch what you said after you said that you watched me push my way into ah, Richard’s room?
AC: Yes, I did.
PB: What happened right after that?
AC: Right after you pushed your way into the room?
PB; Uh huh.
AC: You stood there and you started yelling at him, arguing with him about the way he was talking to you.
PB: Okay. Uh, Did you hear Mr Pollington call me any names?
AC: Not really.
PB: Did you hear Mr Pollington say anything to me?
AC: I heard him address a doorbell with you and that’s it.
PB: Okay. So during the time that ah, you are alleging that I pushed into his room, Richard said nothing to me, is that what you are saying? That you heard…
AC: Well he was ah, argumentative with you at the same time you were argumentative.
PB: Okay, so he did day something then.
AC: Yeah, he defended himself.
PB: Okay, what did he say?
AC: I’m not sure. I heard what you said, you were quite loud.
PB: Okay, but you didn’t hear what Richard said?
AC: No, you were quite loud. You recorded it, you had a recording device, Sir.
PB: That’s correct, I do have video.
JP: This is not a conversation.
PB: Were you aware that a video was being recorded at the time?
AC: Of course.
PB: Did I try to discuss that video with you later that day on August sixth when you , or sorry, on December sixth rather, 2018, when you came to collect the rent?
AC: I don’t recall.
PB: Do you recall characterizing this incident as quote “Two idiots arguing over a fucking doorbell” unquote.
AC: Ah, might have been my term. Yeah. There was no real argument Sir.
PB: Ah…
AC: Except on your part.
PB: Ah, you’re referring to the incident with Mr Polington?
AC: Yes
PB: There was no argument except on my part?
AC: On your part. He made a statement, you charged into his room, and you were very aggressive, yes.
PB: What was the statement he made?
AC: Ah, the doorbell works.
PB: Okay. Ah, I’d like to play the video of that, to refresh…
AC: Thank you.
PB: Some memories.
JP: No. No. Have a seat. Thank you Sir. Mr Pollington.

Agostino’s statement and testimony cannot be reconciled with the video recording. I do not believe the door self closure required repair after this incident, unless it was already damaged.

June 21, 2020 – Agostino’s testimony is perjury, and will be one of the incidents in a private complaint made against Agostino when we have a functioning court system in Ontario again. If we ever do….

Despite not being there to witness the events, Christina Stamper provided a statement for inclusion in the Section 810 complaint (Doc 246) below:

doc 246 clipped

Richard Pollington did not fall at any point in our encounter.

Christina Stamper’s testimony from Pollington’s Section 810 complaint follows:

JP: Yes, please Mr Pollington. What do you want Madame Stomper to say?
RP: Could you, ah, tell the court basically what happened on Dec 6, 2018?
CS: Uh, well, you and the landlord were talking with Mr Bosch in the front foyer and Mr Bosch called you a few names, told you to fuck off, and pushed you inside your apartment at 99 East Ave Apartment 1.
RP: Where were you when this happened?
CS: I was inside the apartment, apartment one, in your brother’s room, George’s room, which was just inside the door.

JP: Okay, thank you. Any questions for this witness?
PB: Uh, quite a few your honour. Okay, uh…
JP: Stand please, when addressing this court.
PB: My apologies, Sir. Uh, Ms Stamper, December 6, if I understood your testimony correctly, you said that uh Richard myself and the landlord were speaking on the front hall, uh whom do you mean by the landlord?
CS: Uh, sorry, the landlord’s brother, Agostino.
PB: Agostino is the landlord? Okay. Now, you say we were speaking in the front hall, and that I called Richard names. What names did I call Richard?
CS: You called him a few names. A fucking bastard, {indistinct}
PB: I’m sorry, what was that name?
CS: You heard me.
PB: I didn’t actually.
CS: A fucking bastard
PB: Fucking bastard, and I’m sorry, what was the second one?
CS: A low life.
PB: A low life. Okay. Uh you claim…were there any other names I called Richard on that occasion?
CS: I don’t think I need to say anything more. You’re just verbally abusive to him.
PB: Okay, but I’m interested in what words you are alleging I spoke.
JP: Sir, just stop. Stop.
CS: Sorry Your honour.
JP: You heard madame. I’m getting the gist of it. We don’t need any further details, move on.
PB: Okay. And after that you claim I told him to fuck off and I pushed him into…into…where?
CS: Apartment number one, his apartment.
PB: Into his apartment.
CS: Which you have on video.
PB: Yes I do.
JP: Okay, this is not a conversation. Ask the questions, and let’s hear the answers.
PB: Okay.
JP: I’m not interested in the both of you conversing.
CS: Thank you your honour.
JP: You’re welcome.
PB: Okay, on November twenty….uh, on the uh December sixth, did you hear Mr Pollington call me any names?
RP: He  called you a fucking cunt.
PB: Okay. And any other names?
CS: Faggot.
PB: And any other names?
CS: Nope.

Christina Stamper’s statement and testimony cannot be reconciled with the video recordings of the event. The still taken from Video 58 (from 31:36:10) below (Fig 72) shows the door the George’s room that Christina Stamper described in her testimony. There’s no one standing in the door, and anyone in the room would have been unable to see anything going on in the hallway. The door to George’s bedroom appears to be closed. Richard hadn’t called me a faggot on December 6, 2018 (although he had on many other occasions, so her confusion is understandable).

Fig 72 – 2018-12-06 – screenshot vid 58 31-36-10

June 21, 2020 – Christina Stamper’s testimony is perjury, motivated by malice, and will be one of the incidents in a private complaint made against her when we have a functioning court system in Ontario again. If we ever do….

Friday December 7, 2018 – there was still no answer to our letter of December 1, 2018 and we hadn’t managed to pay rent.

At 10:45, Marie called Agostino (AR 132) about collecting the rent. Arrangements were made to pay the rent at 5 pm.

A bit later, after Marie and I had talked things over, I called Agostino (AR 133). I expressed a concern for our safety, Agostino outlines an agreement he alleges we made with John. I have no idea what he was talking about in this part of the conversation. I then tell him we had not talked to John, and ask him to have John respond to my letter (Doc 238) in writing.

At 15:50 I called Agostino to bring some clarity to the situation (AR 134). He tells me that he will be bringing a response fro John when he comes to collect the rent. I then informed him that my father had passed away and that I want no contact with either one of them until Monday (December 10, 2018) once the rent has been collected. Agostino agrees.

At 17:49 pm on December 7, 2018 Agostino showed up again to collect the rent. He brought Richard along (Vid 60). He’s also confused about the date. The letter (Doc 247) he hands to me is dated December 7, 2018.

It reads:

December 7, 2018

Agostino Cerino will be picking up your rent at 5 pm. Pay it to him on December 8, 2018.

(signed) J Cerino, A Cerino

I had a fixed camera in the centre of our living room pointed at the door (Vid 60) and another camera hanging from a strap around my neck to approximately the centre of my chest. The video from that camera has been synchronized by audio to Video 60, and subtitles added, in Video 61.

I was annoyed that Richard was filming the interior of our apartment, but didn’t make an issue of it. Richard just shrugged when I objected to the video being made. Richard had made statements in our landlord’s first L2 application (SOL-84218-17, Doc 156 and Doc 113) complaining that I had “VIDEO TAPING AND TAKING PICTURES OF THE TENANTS UNIT AGAINST THEIR WISH” in reference to Richard’s unit. (I had made an audio recording of conversation with Richard on his porch and taken some photos of the exterior of the building). We had also objected to being recorded in our unit in an email to John’s representative, Vidywattie Yakhni, on May 15, 2017 (Doc 105). I am advised that Richard Pollington’s actions are an offence against Section 430(1) of the Criminal Code, but I am not a lawyer. It’s quite clear from the two cameras that I was inside my unit, and that much of the living room was visible to Richard’s camera.

June 21, 2020 – This incident will be one of the incidents in private complaints made against Agostino (criminal mischief, criminal harassment) and Richard Pollington (criminal mischief) when we have a functioning court system in Ontario again. If we ever do….

Saturday December 8, 2018 – Around noon, I noticed the word “cunt” scratched into the paint and wood of our front door (Fig 73).

Fig 73 – 2018-12-08-front-door-vandalized-unit-2-img_5427

I called Agostino (AR 135). I asked Agostino to bring some paint (when he came by) and he hung up.

Not much satisfaction there. I also reported the incident by calling police non-emergency number. HPS didn’t bother sending anyone out for this complaint, and I don’t blame them for that.

When I was finished speaking to police, I called Agostino back. I had a letter to deliver to John and wanted to speak to him in person about the door (AR 136). Agostino told me to “put it in writing” and I told him to tell John that if he wanted his rent to come by.

Around 17:15, Agostino called me (AR 137) to tell me he would paint the door. I asked him when, he would not answer.

At 18:00, when I arrived home, I noticed the word FAGIT had been scratched into the front door (Fig 74).

Fig 74 – 20181208_192231

 It was clear to me that this was connected to the recent events with Richard Pollington and the Stampers. Jeremey Stamper (and every other tenant in the building) had keys to the security doors leading up to our unit. Their units are on the other side of the building, but all of the locks have a common key. Whoever scratched to words on our door got through two locked doors to do it.

I called Agostino (AR 138) to let him know I was there so he could come by, then asked if it was him that had carved the word fagit into my door. He denied it and suggested installing a camera in the hall. When I asked him if I had his permission as the landlord’s agent to install a camera, he says “I’m not an agent, I’ll have to check with John.” When I ask “Isn’t he coming along?” Agostino replies, “No, he can’t make it.” Agostino then tells me he will be coming by to ask for the rent and pick up the letter I had ready for John (Doc 249). It reads as follows:

Paul Bosch & Marie Ball

2-99 East Ave S, Hamilton L8N 2T6 | (289)698-6779| pbosch468@gmail.com

08 December 2018

This letter is to inform you that repairs are needed to our apartment at #2-99 East Ave South, Hamilton and to complain about the recent harassment and assaults committed against MS Ball and Mr Bosch.

• On November 12, 2018 a complaint was made to Agostino Cerino by Peter Bosch about another individual at the building. Agostino had instructed Peter to deliver a letter to Richard Pollington by sliding it under his door. After Mr Bosch did so, he was accosted by Christina (first name uncertain) Stamper. Agostino informed Peter that the woman did not live in the building, but that he would speak to Mr Pollington about the incident. A recording of the telephone call is available on request and will be disclosed as part of our current applications before the LTB.

• On November 25, Mr Bosch was assaulted by Jeremy Stamper, a tenant in Unit 1, 97 East Avenue South. Mr Bosch was approaching the building when he was accosted by Christina(?) Stamper, Jeremy’s Stamper’s mother. Ms Stamper was aggressive and antagonistic, apparently upset by our complaint to Agostino about her behavior on November 12, 2018. Mr Bosch asked to be left alone and walked away. Shortly after, Jeremy came out n to the front porch, accosted Mr Bosch, and threw a coffee in his face. Police were notified, Jeremy Stamper was removed from the building in custody and police informed Mr Bosch that he had been charged with assault. A video recording of the assault was made and provided to police. That video is available on request and will be disclosed as part of our current applications before the LTB. Mr Pollington sided with the Mr Stamper when questioned by police, and asked to have Mr Bosch charged with an offence for making a video of the assault.

Apparently, Mr Pollington believed that recording a video without the subject’s permission was a crime.

• On November 30, 2018 Mr Bosch was accosted by Jermey Stamper’s father, Ken (First name uncertain) Stamper. Mr Stamper was upset that Mr Bosch had “downgraded” his wife, accused Mr Bosch of looking in his windows, stated that Mr Bosch was a pedophile, that “if you don’t like the noise, leave” (apparently in reference to our previous noise complaints about the parties held in Mr Pollington’s unit in summer) and offered numerous other personal insults. He also forbade Mr Bosch to use common areas of the building. The incident was recorded on video and reported to the police. The video is available on request and will be disclosed as part of our applications with the LTB. The incident report number is 18-797188. • There were other incidents involving Ms Stamper, outlined in Ms Ball’s letter to you dated December 2, 2018 and delivered by sliding it under Richard’s door as per Agostino’s instrctions.

• On December 6, while our unit was being treated for bed bugs, Mr Pollington accosted Mr Bosch in the front entrance of the building and stated “there must be something wrong with you” as he attempted to shove Mr Bosch aside to enter his unit. When Mr Bosch replied “get out of my face, Pollington” Mr Pollington began screaming obscenities at Mr Bosch, including calling Mr Bosch a “cunt” several times. While this was happening, Agostino shoved Mr Bosch towards Richard. Mr Bosch then closed the door on Richard, only to have Richard open it and resume screaming obscenities. The incident was recorded on video, is available on request, and will be disclosed as part of our ongoing applications with the LTB, Agostino’s response was to instruct Mr Bosch to “show some respect” for Mr Pollington.

• We are requesting that you begin eviction proceedings against all thee Stampers, and against Mr Pollington for substantially interfering with our reasonable enjoyment of the premises, harassment, and, in Mr Pollinton’s case, continued noise caused by his guests.

• Some time during the night of December 6, 2018 the word “cunt” was carved in the front door of our unit. The door at the base of the stairwell was locked, so whoever carved the obscenities in our door had a key to the doors in the building. As a result, we will be installing a camera that will monitor the area immediately outside our front door. We had asked that the locks on the doors leading up to our unit be changed after Jeremy Stamper assaulted Peter, with no response.

• There are numerous concerns with the way the unit is being treated for bedbugs.

After our complaint to the City of Hamilton, we were informed by the inspector that you had claimed our preparations were deficient. On November 22, 2018, Agostino provided Peter with a copy of a service report dated July 10, 2018, that stated that one of the carpets had not been properly vacuumed. When questioned why we had not been informed of any deficiency in the preparations, Agostino stated that the exterminator was our (meaning the tenants) employee, and that it was up to the tenants to discuss that with the exterminator. When Mr Bosch questioned the exterminator On November 22,2018, he was evasive, but promised to send us copies of the service report. He has not done so. Agostino continues to insist that the exterminator is “working for us” and refuses to acknowledge that the landlord has any control over, or responsibility for, the exterminator’s actions. Please provide us with the service reports for previous treatments, and instruct the exterminator to be cooperative.

• None of your Notices of Entry since October 1, 2018 have complied with the interim order dated October 1, 2018 and signed by two member of the Landlord Tenant Board. Aostino initially denied any knowledge of the order, and was given a copy on November 1, 2018, and said that he would pass it along to John. On October 16, 2018 John also refused to comply with the order in regards to repairing the door sweep.

• Going forward you will be refused entry for any Notice of Entry that does not comply with the interim order. This includes bedbug treatments. If it is necessary to refuse entry for this reason to the exterminator, we will aggressively pursue other options to have the unit treated, including asking the City of Hamilton to order it done by city employees. It has been five months and there are still bed bugs in the unit.

• The temperature in the front two bedrooms of the unit was 66.4 degrees Fahrenheit, and 66.8 degrees Fahrenheit respectively this morning. Please turn up the heat. Photographs of the thermometer used to measure the temperature, date and time stamped, are available on request and will be disclosed as part of our ongoing applications to the LTB. Part of the radiator in Ms Ball’s bedroom is cooler than the rest, suggesting there is an air bubble in it. As the radiators were never bled this year, we believe that should be done. Please bleed the radiators in our unit, Please ensure that any Notices of Entry comply with Interim Order SOL-84218-17-IN issued on October 11, 2017. Please also note that Ms Ball has asked that John Cerino not enter the unit for repairs as an accommodation to her mental illness. Any further failure by John Cerino to accommodate Ms Ball’s disability will result in aggressive legal action. Please do not further attempt to inflame the situation with Mr Pollington by insisting that we deal with him as your agent, or by bringing him along as a witness.

Paul Bosch & Marie Ball

I also took a few pictures to back the claims in the letter (Figure 75 and Figure 76). I got a few of the dates wrong in my letter and referenced the wrong interim order.

Agostino arrived at 18:30 (Vid 62). The video starts with me showing the letter to the camera, for proof of delivery when I handed it to Agostino. When I opened the door, I saw that he’d brought Richard Pollington along. Pollington was holding up a cell phone, recording our conversation and the interior of my unit. I did not object, since it would have been pointless. Instead I told Agostino to come back without Richard and closed the door. The same video with subtitles added is Vid 62a.

June 21, 2020 – This incident will be one of the incidents in private complaints made against Agostino (criminal mischief, criminal harassment) and Richard Pollington (criminal mischief) when we have a functioning court system in Ontario again. If we ever do….

I tried calling Agostino to tell him to at least come back and get the letter, but the phone rang twice, then the call disconnected.

I then took the letter downstairs to deliver it to Pollington. I took a camera along as proof of delivery of the letter (Vid 63). Video 63 with subtitles added is Vid 63a.

Then I called police non-emergency number again to report the vandalism to our front door (AR 139). I did not say anything about a hate crime. The civilian dispatcher jumped to that conclusion and did not ask me about it.

At 1924 HPS responded to the complaint. The interview with police was recorded. There are (somewhat disturbing) differences between what the officer was told (Vid 97) (and the contents of the written statement I gave them) and the General Report (Doc 250). Below is an excerpt from the General Report:

Bosch can then be heard saying ” say that to my face!” as he stepped forward into the entrance to unit. At this time the door is shut on Bosch, ending the interaction.

The last sentence directly contradicts my written statement and the video. Constable Centurioni misrepresented other statements I made in his report.

June 21, 2020 – This incident will be the subject of an OIPRD complaint against Centurioni for unprofessional conduct. At the time I did not think the vandalism was primarily motivated by their belief that I am gay, I thought it was motivated by their desire to rid themselves of what they saw as troublesome neighbors/tenants. Centuroni was coldly hostile, did his best to misunderstand everything I said, and was not troubling to conceal his distaste for the whole situation. The constant attempts to bully and harass Marie and I were unmentioned in his reports, as was the criminal charges against Jeremy Stamper. The video of my interview with police about this incident is not linked. I’m saving that for a rainy day. Centuroni also misrepresented the contents of the video I’d shown him in his report, and there seem to be numerous inaccuracies in his report (Doc 250). Taking it sentence by sentence:

“On December 8th 2018 at approximately 7:17 PM, Police were dispatched to 2-99 East Ave. S in the City of Hamilton for
a mischief report with possible hate/bias undertones.”

That’s accurate.

“Complainant Paul Peter Bosch stated the word “Cunt” had been
carved into his door, as well that later in the day more had been added”

That isn’t accurate. I initially told him the word “cunt”had been carved in the paint “last night” and that more had been added “sometime today”. (around 00:01:36 in Vid 97). Later, while answering his questions, I was able to narrow down the time a little. I did not say the words had been carved in the door the same day.

Since February of 2017, there are 8 incident reports in NICHE involving Bosch in relation to neighbor dispute occurrences where he was the complainant.”

I have different numbers. Prior to this date, on February 22, 2017 Marie had called police (although I was listed as a complainant on the report), on July 20, 2017 I’d called police to complain about John’s assault, on November 23, 2018 I’d called police to complain about an assault by Jeremy Stamper (charges were laid), and on December 3, 2018 I’d complained to police about Ron Stamper’s harassment and Jeremy Stamper breaching his recognizance (which should have resulted in charges by police, but didn’t. The crime was on video.)

There were complaints by John Cerino and/or his agents on April 7, 2017, May 15, 2017, and September 2, 2017, for a total of seven complaints to date. I don’t know where the number 8 came from, unless Centurino included John’s complaint to police on December 1, 2017 (which had not resulted in a response by Hamilton Police, and no Occurrence Report for December 1, 2017 was included in the FoI packages I requested. I’d made requests for ALL Occurrence reports (and notes, etc) for all incidents over a range of dates. If there was an eighth Occurence Report, I am mystified about it’s contents and it was not included in FoI disclosures.)

That makes four “incident reports in NICHE involving Bosch in relation to neighbor dispute occurrences where he was the complainant” and three (possibly four, if the complaint by John on December 1, 2018 was included) ‘incident reports in NICHE involving Bosch in relation to neighbor dispute occurrences where the neighbors or landlord were the complainant’ “not eight. This seems like an attempt to discredit the complainant. Or it may be yet another inaccuracy in police paperwork. It’s hard to say for sure. There are a lot of factual errors, incomplete information and inaccuracies in HPS reports in general.

“Police attended and spoke with Bosch in person at his unit”

This is inaccurate but close. Police (one of them) also spoke to me outside the unit, briefly, both before and after they took my complaint.

“On the exterior of Bosch’s door, the words “Cunt” and “Fagit” were observed carved in the door in the area of the door knob.”

That’s accurate, aside from the case of the letters. It appears to me to be all upper case in the carvings on the door.

“The depth of the carving was minimal and thin, possibly
made with a knife or another pointed object.”

Accurate.

“Both were approximately 10 inches in length, and were not immediately visible on the door until looked at under good light.”

They didn’t stand out, but it didn’t take good light to see them once you’d noticed them. You decide (Fig 109):

Fig 109 – 20181208_192245

The rest of paragraph 2 and paragraph 3 are accurate.

All but the last two sentences of paragraph 4 are individually accurate, but collectively inaccurate. The penultimate sentence of paragraph 4 (and the previous sentence, included for context) reads:

“Bosch can then be heard saying ” say that to my face!” as he stepped forward into the entrance to {Pollington’s} unit. At this time the door is shut on Bosch, ending the interaction.”

The video under discussion is (Vid 58a). There is no mention that I closed the door (obvious from Agostino’s question, my answer to it, the closed door visible in the video and my witness statement), nor is it accurate to say that closing the door ended the interaction (Pollington then immediately re-opened the door and continued his verbal abuse). There is no mention of Pollington’s aggressive “there must be something wrong with you!”, nor of the shove I received from Agostino, nor of Richard swinging his hands in my face. I do not agree with Centurino’s conclusion that I was the aggressor. I did react to Pollington’s aggression. That does not make me the aggressor.

The first sentence of paragraph 5 is accurate when considered alone, but contributes to inaccuracy and falsehood in the second sentence. The first sentence reads:

“Bosch stated to Police that in order to get to his apartment door, two locked doors would first have to be opened – the front door of the house, followed by another door leading to the second floor”

That much is true. However, the second sentence reads:

“However, when Police arrived, both doors were unlocked, granting access to the second floor.”

This statement is false, and Centurioni knows it. The building exterior door was unlocked, the door leading to the top of our stairwell was locked. I specifically asked Centurioni about it as we were coming up the stairs, and he answered that the outside door was open, the inside door locked so Centurioni knew that door was locked. Here’s a clip from Vid 97, (Vid 97a), that shows me going downstairs to let police in.

Vid 97a

The photo below is a still taken from Vid 97, showing the door lock in question as I approach the door. It is locked, and the sound of me unlocking it before opening the door is clear in the video (at 0:10 of Vid 97a).

Fig 110 – Still from Vid 97 – Locked door on 2018-12-08 when answering door for police

The last sentence of paragraph 5 reads:

“Bosch stated that the keys required to open the doors were the
same used to open 97 East Ave. S, the connected residence, and therefore numerous persons have keys that would grant access to the second floor.”

It’s accurate, but incomplete. It leaves out my expression of concern for our safety given that one of those people had been charged for assaulting me unprovoked, the previous incidents of harassment and/or assault by those same people, and the reasons why my roomate and I felt unsafe as a result of the security doors being left unlocked. Centurioni left out a lot of relevant and clarifying information that he received in our 54 minute long conversation. He was in and out of our unit three times in total over a period of 90 minutes, our conversation totaled 54 minutes.

Paragraph 6 states:

Bosch stated that he is Bi-Sexual, however he did not believe that anyone else knew of this as he had not divulged it. As well, he resides with {roomate} although she was away for the weekend.

The phrase “he did not believe that anyone else knew of this” is inaccurate and contradicts my statements in Vid 97. Actually, I’d said that I hadn’t told them so there was no way they could “know” (and I included air quotes around the word ‘know’). It’s quite possible they’d guessed. In any event, they did know that it annoyed and angered me to be called a “fag”, which I believed was why Pollington and the Stampers did it. The second sentence infers that the fact that I lived with a female roomate somehow strengthens the case that the neighbors were unaware of the fact that I am bisexual. As soon as I told Centurioni that (to clarify a response to one of his questions) I knew telling him was a mistake. His disgust was plainly visible for few seconds before he got it under control. I’m used to that reaction. Over my adult life, I’ve had the same reaction from gays, lesbians and straights who discovered that I was bisexual. It’s common in the LBGTQ ‘community’ as well.

The first sentence of paragraph 7 is accurate. The second sentence reads:

“He presented as testy to Police during questioning, and asked on
more than one occasion if charges were being laid against despite himself – in his statement – saying that he had no proof that and that it was “just a guess.””

The video does not support Centurioni’s statement “He presented as testy to Police during questioning”. I was polite, respectful and answered his questions as accurately as I could. (That does show in the video). Despite the facts that I was exhausted, my father had passed away recently and Centurioni had the offensive habit of resting his hands on his weapons. Centurioni’s statement “asked on more than one occasion if charges were being laid” is false, and not supported by the video. Centurioni’s statement “saying that he had no proof that and that it was “just a guess.”” is accurate and part of my Witness Statement, but is reported out of context.

“Bosch also stated he was going to contact “the SIU” if charges
were not laid.” Also accurate, but somewhat misleading. I meant the OIPRD, and I was referring to a complaint of criminal harassment (one incident of which was the entire December 6 encounter with Pollington and Agostino), not the damage to the door. It’s reported out of context.

The next sentence, “In the same breath he admitted to a lengthy and ongoing neighbor dispute, with other tenants in the building, which had also resulted in LLTB tribunals” combines several statements I made during our 54 minute conversation together (NOT “in the same breath”) into one compound statement. I didn’t ask for charges “in the same breath” (or the same sentence) as any of the parts of the compound statement attributed to me by Centurioni. At this point, NONE of our LTB applications involved “neighbors”; they all involved our landlords and their agents (one of which happened to be a neighbor, Richard Pollington). Centuroni does a good job pf painting me as an irrational whiner involved in a petty dispute with everybody in the building, allegedly based on my own statements. But it isn’t backed by the video of our conversation. There are significant misrepresentation of facts, and conclusions presented as observation in this report.

Victim Services information to Bosch, however he declined.

And the reason was simple. I already had it as a result of the assault on November 23, 2018. No mention of that reason in Centurioni’s report and he was told the reason why I declined. I’ve been told this is a red flag; apparently “real” victims don’t turn that down.

There is a large gap in the report, redacted when I received it. I’ve asked for disclosure of the unredacted document from the crown, but no answer as of June 27, 2020.

“There is no doubt that the other tenants of both 97 and 99 East Ave do not like Bosch, however another possibility is that he himself carved the words into his own door.”

This same accusation would be repeated in an N5 served by our landlord later in the month of December 2018. I think Pollington told police that we must have done it because we wanted the door painted. However, it hadn’t been an issue (and no request had been made) before it was vandalized.

And there was this:

As well, Bosch stated they do not know him to be bi-sexual

Somehow, Centurioni recorded the exact opposite of what I told him.

Pollington’s statement in regards to these events from his private information (Doc 242) is below:

Doc 242 cropped

Pollington is apparently oblivious to the irony of his statement “the police asked me to spell the word and I couldn’t”. Neither could the person who scratched it into the paint on our door (if, indeed, the writer meant “faggot”. I don’t know for certain). I believe his statement dated December ’18 refers to the fact that I would occasionally move a newspaper out of the doorway, if the delivery person had left it where it would be stepped on. I would move the newspaper from the centre of the outside door (where it frequently landed) to the side, where anyone walking out of the door would not step on it. I never moved any newspaper (or flyer, or anything else) off the front deck.

Pollington’s statement in regards to these events from his Section 810 complaint (Doc 243) is below:

Doc 243 cropped

Pollington’s statement dated December ’18 is inconsistent with his previous statement. I have no idea what he means by “he does to cause issues to complain to the landlord to provoke me”.

Sunday December 9, 2018 – Marie’s bedroom was cold all day. I called Agostino around 4 pm and let him know that the radiator in her room was cold and that the symptoms pointed towards air in the radiator. That’s an easy fix; bleed the radiators, a routine task for either my roomate or myself (AR 140). Agostino gave me permission to bleed the radiators and solve the heat problem.

Six minutes later, Agostino calls back and says it would be best if he bled the rads, not us (AR 141). I also asked Agostino to change the locks on the security doors controlling access to our front door. It seemed a reasonable thing to do, since Jeremy Stamper’s keys to the other side of the building opened the doors on our side. Taking Agostino’s words at face value, John has never changed a lock in the building, on either side, in the 40 years he’s owned it.

Monday December 10, 2018 – At 11 am Marie called Agostino to ask him to bring some paint, and offered to paint the front door. Agostino tells her not to paint the door herself, and asks that we put the request to have the door painted in writing (AR 142).

Around noon, I filed another T2 Application About Tenant Rights with the LTB alleging that Richard Pollington and the Stampers had interfered with our reasonable enjoyment of the rental premises and harassed us (Document 251). It seemed like an open and shut case to me.

Around 3:45 pm, I called Agostino to ask if he was coming to bleed radiators, and got the usual runaround. My complaint about the security doors being left unlocked went nowhere (AR 143).

Tuesday December 11, 2018 – At some time during the morning before 11 am, a Notice of Entry was delivered by sliding it under our door (Doc 252). The Notice was for December 13, 2018 to bleed the radiators. The Notice does not conform to the Interim Order (Doc 220). At 11:25 I called Agostino to inquire about the front door being painted (AR 144). He does not answer.

I know where John Cerino was on December 11, 2018:

https://youtu.be/LHYky5ej2cs

John tells a lot of lies in this videos. The “work orders” he refers to in his harangue I think refers to an order from the city to clean up the garbage around his property on 6 Acorn (Document 324) and (Document 327), which had resulted from my follow-up in November 2018 with MLE to my complaint of November, 2017. So, a year later, the City of Hamilton finally realized John wouldn’t clean up his mess voluntarily and wrote an order. I have no idea what John meant about a “building permit” and don’t see how it could be connected to my complaint if John needed to get a permit for something. However, if you looked closely at page 9 of Document 318, you might have noticed this entry by the MLE officer I spoke to on the phone:

While looking up the history I noticed this Is a duplicate call and that RYNAR is already working on this file.

I noticed that this address is zoned as a D Section 1 & 2 Family Dwellings, Townhouses and 6 Acorn appears to have around 5 or units. I sent off a zoning request to Supervisor Tamara Reid.

I think John was running an unlicensed rooming house. There are lots of those around the city, but not many in the middle of a garbage dump. Even the City of Hamilton couldn’t really look the other way on that situation. John evicted all of the tenants living on the property around this time. It hadn’t occurred to me that John was running outlaw (and I can’t even imagine why. A zoning variance for a rooming house in that neighborhood would have been rubber stamped by the city (that end of John’s street is all commercial properties, and there’s a hotel next door), and John had owned the property for at least 30 years). He’d had plenty of time to get it done. I suspect he never tried, because that would have meant he’d be paying the yearly licensing fee to the city for a rooming house that he so bitterly complained about in the video. A rooming house in downtown Hamilton is a license to print money, if you own the building and have a small or no mortgage (which after 30 years of ownership by the same owner, should have been the case). Or, maybe John tried for a zoning variance and the City of Hamilton said no. Or maybe there was some other problem (other than the garbage dump on the property) that made the building uninhabitable. I don’t know.

I was told in March of 2020 by Rob Homewood (MLE officer) that the building had been sold on January 31, 2020 and the sale was conditional on the property being cleaned up. He added that the building was to be demolished and turned into a parking lot. If I’d known that would be the end result, I might not have made the complaint.

Thursday December 13, 2018 – At 08:45 Agostino called Marie and cancelled the entry. About 30 minutes later, a Notice of Entry was delivered by sliding it under our door. The Notice was for December 14, 2018 and does not conform to the requirements of the Interim Order (Document 220).

Friday December 14, 2018 – Agostino and Roy bled the radiators (Vid 64). While there, I asked Agostino about painting the front door. He said he hadn’t “been told to do it yet”.

After they left I called Agostino to inquire as to whether John had served an N4 notice (AR 145). Agostino said he had not.

I wanted John to get on with it. At the time, a tenant had the right to raise other issues in an L1 eviction application (since removed by Ford’s government, with the consequence that there is now NO way for a tenant to have a harassment or maintenance application heard in a timely manner). If the only way to get our grievances heard was to stop paying the rent, fine.

In the following days, we would often notice security doors left unlocked in our side of the building.

Wednesday December 19, 2018 – Marie called Agostino with a complaint about the front door of the building being left unlocked (AR 146).

The Stampers (Christina and Ron) and Richard Pollington were unusually aggressive for the last two weeks of December. They’d scream obscenities and homophobic insults at me when I was entering or leaving the building, or shove past me in a hallway, or spit on the ground in front of me. I only saw Jeremy once or twice during this period, and he was behaving himself for the most part (aside from an upraised middle finger). All of these encounters were too brief to document on video; by the time I’d get my phone out of a pocket, it was already over.

The complaints about the doors left unlocked went unheeded. After my attempt on December 8 to complain to Agostino about Pollington’s behavior on December 6, I didn’t bother to complain about the lunatic neighbors. I knew it would be a waste of time to complain.

Thursday December 27, 2018 – A complaint made by my roomate to Agostino about the front security door being left unlocked resulted in a call from Agostino (AR 147).

The front door was not repaired in this time.

Friday December 28, 2018 – The doorbell rang. When I went down to answer the door, a tall blond woman handed me an envelope with two documents (Document 254 and Document 255).

The N4 was only to be expected. But the N5 Notice made it clear to both of us that our landlord was setting us up for another vexatious L2 application, timed (as usual) to create multiple hearings on multiple applications as simultaneously as possible.

The paralegal was Jennifer Greenway, the second in John’s parade of representation (the first was Vidywattie Yakhni. At the time, I was a bit relieved that John had finally retained counsel. I didn’t realize at the time that John had (most likely) NOT given Ms Greenway the previous disclosures.

You may notice that the allegations in this N5 are vague. There are no dates attached to anything, just a range of dates. The descriptions of the objectionable behaviour are vague and lack any detail.

June 2018 – present – Harassing and video taping other tenants and the landlord every time the landlord is doing work on the residential premises.

Yes, we had recorded our interactions with building staff, especially our landlord John Cerino. He’d already proven himself a liar and readily made false accusations. So did his brother and superintendent. Lensing someone (particularly in your own home, and most particularly when that someone has been warned in writing that any interaction will be recorded) is not harassment. This would be John’s third attempt in LTB applications to have the cameras removed from the situation. That wasn’t going to happen. We’d tried appeasing our landlord on this point in June and July of 2017. The result was a flood of false accusations from our landlord. The only other times we’d made any videos of “other tenants” were the videos made on November 23, 2018 (showing the assault by Jeremy Stamper) and the video recorded on December 3, 2018 (showing Jeremy Stamper breaching his recognizance).

John becomes extremely aggressive when his version of events is challenged. That was happening more and more. John (and Richard Pollington and the Stampers) were finding out that cops won’t take any action on a complaint when the complainant’s story is contradicted by video of the event. But we didn’t lens John (or anyone else) outside our unit at that point unless they were becoming confrontational (as, for example, Jeremy Stamper did on November 23, 2018, or Ron Stamper on December 3, 2018).

June 2018-present – Constantly calling the landlord from various phones and Bell Payphones to harass him.

I don’t think there’s a working Bell payphone left in downtown Hamilton, and if there is, I don’t know where it may be found. I don’t recall using a pay phone at any time in the last five years John is pretty far behind the times.

I did eventually locate three working Bell payphones in Hamilton (two have since been removed). They still exist, but are an endangered species.

There are no dates or times. It’s impossible to defend against this allegation as stated.

June 2018 – present – Stalking the landlord at his home address and calling Property Standards on the landlord at his own address. Standing outside the landlord’s home and watching him.

Well, I had taken some photos of John’s property at 6 Acorn (I’ve posted some on my blog), and I had made a complaint to Property Standards about the state of the yard. The complaint was made in November, 2017. I found out a bit later that John had finally been served with a Yard Maintenance letter by the city….in December 2018. So I did call Property Standards on John at his home address. And they took enforcement action, which means the complaint was justified. I made complaints at East Avenue as well. They resulted in enforcement action, which means the complaints were justified.

I don’t think John’s complaint has any moral or legal basis. John is doing his best to make collecting the evidence we needed to prove our case in the LTB merits hearing as legally hazardous as possible.

December 2018 – The Superintendent went to collect rent and you slammed the door on the superintendent’s face.

I’m not sure which incident this refers to, but all the videos are here. At this point, we’d been refusing to deal with “the superintendent” for two years due to his hostility, irrational behavior and demonstrated willingness to lie on John’s behalf. Again, no dates or times.

December 2018 – You engraved vulgar words on your door because you want your door painted.

We hadn’t asked to have the door painted until after it was vandalized. As usual, this allegation is vague. (Which of us does this accuse of engraving the words?) Marie was out of town when the door was vandalized, so I assume it was me, but who knows?

December 2018 – You are rude and vulgar to other tenants in the building interfering with their reasonable enjoyment of the rental premises.

I’m not certain what this means. At this point, all of the interactions I’d ever had with the Stampers totaled less than fifteen minutes, all of it (except for a few of Christina Stamper’s outbursts) on video. If, by “other tenants” John meant the Stampers, I was quite comfortable with a Board member watching the videos and deciding that point for for themselves.

October 2018 – December 2018 – Threatening to sue the landlord and superintendent constantly and interrogating them whenever they come to collect rent.

It was necessary, from time to time, to point out to John and Agostino that needed repairs were mandated under Property Standards bylaws. It was the only way to get anything fixed. In the period Oct 2018 to Dec 2018 I did not have any discussion with Richard Pollington (the superintendent) other than the ones documented here, and some instances of Richard Pollington shouting profanities or insults at me which were not recorded on video.

So I called John’s new representative and asked her if she was representing John in the other applications before the LTB as well. She said she was.

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