Chapter 064 – 02 September, 2019 -30 September, 2019

Monday September 2, 2019 – I served the bogus N9 (Doc 388) to Richard Pollington by sliding it under his door. I also called Agostino to let him know (AR-201).

Thursday September 5, 2019 – We were served with an N5 (Doc 323) and an N4 (Doc 376). The N4 was only to be expected, and was rather late in my opinion. It was also incorrectly filled out (which isn’t at all unusual for Joseph Kazubek’s work). The first page of the N4 states that the rent owing was $1,139.00, but the second page claims the rent owed is $4,559.80.

The N5, as usual, was full of vague accusations, outright falsehoods and incomprehensible gibberish.

  1. The tenants have not corrected their behavior from the first N5 (What “first” N5? Did I miss one? The previous N5 had been served more than six months ago, on {insert date}) and have continued to further substantially interfere with the other residents’ and Landlord’s quiet, reasonable and safe enjoyment of the premises as well as their lawful rights, privileges and interests. (There are no specifics in this paragraph. How, exactly, did we interfere with the landlords’ (or other tenants) reasonable and safe enjoyment of the property?)
  2. June 2018-present: Harassing and videotaping other tenants and the landlord every time the landlord is doing work on the residential premises. (Again, no specifics. Recording your surroundings with a body cam is not harassment, and John and his crew had been told that quite a number of times by police, LTB Dispute Resolution Officers and (presumably) his own representative. If the body camera was the objection, there is no basis in law for it.)
  3. June 2018-present: Constantly calling the landlord from various phones and Bell payphones to harass him. (The same old, tired accusation without any specifics. If John ever HAD provided a list of times/numbers he received all of these phone calls from, I would have been able to prove that some of them (at least) weren’t made by me. Instead, it’s a vague accusation and not particularly credible. There weren’t more than a half dozen working payphones left in Hamilton at this point in time.)
  4. 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. (That’s actually three separate accusations; 1) that “the tenants” had “stalked” the landlord at his home address (by which John mean that he was served documents, I think) 2) that “the tenants” had called property standards on the landlord (which was true. I had. John was running an unlicensed rooming house in the middle of a garbage dump. See for yourself. There was enforcement action by the City against John as a result of that complaint.), and, 3) that someone had stood outside his house, watching him. Well, maybe they had, but it wasn’t either of us. As usual, there are no specifics, so it isn’t possible to answer this accusation.)
  5. December 2018: The tenants continue to be rude and vulgar to other tenants in the building interfering with their reasonable enjoyment of the rental premises. They have caused other tenants to be scared and some have voiced that they wanted to move. (Once again, no specifics. Both of us had avoided contact with the “other tenants”, except to serve Richard Pollington documents relating to our LTB applications. Also, having another tenant/landlord’s agent charged with a criminal offense (Jeremy Stamper, twice) isn’t interfering with the reasonable enjoyment of the other tenants. Especially when the other tenant was convicted of both criminal offenses.)
  6. January 2019: The police were called because Paul Peter Bosch assaulted Richard Pollington. Paul Peter Bosch shoved Richard Pollington into his doorway and slammed the door on him. The Police were called, and the incident number is 18807326, Badge 454 Robert Centurione. Paul Peter Bosch originally told Richard Pollington to fix his doorbell, thought it was not broken, which then escalated to an assault. A police Report has been ordered. (This appears to be a reference to January 3, 2019 or possibly December 6, 2018. I don’t know. The reader is invited to compare the blog entries and videos of the actual events for those two dates and decide for themself.)
  7. January 3, 2019: The tenant’s actions by removing the window jam(gate) caused the window to slam down on John Cerino’s fingers while he made repairs to the window on a ladder. This was from the second floor height. (This appears to be a reference to the incident where had previously complained that Marie had removed a screen from a window while he was working on it, in June of 2017. John had not given any Notice of Entry for January 3, 2019 and had not entered our unit on that day. John was simply recycling his N5 Notices, to create more litigation.)

It was clear to both of us that Kazubek was continuing the pattern of vexatious litigation. Any why not? There are no consequences whatsoever for a landlord who indulges in this behavior, and a landlord can be certain that his matters will be heard LONG before any tenant application.

Friday September 6, 2019 – John Cerino was on the property when I arrived at the building around 18:20. He had a conversation with Richard Pollington and Christina Stamper on the front deck, six feet below my bedroom window. During that conversation John assured both of them that “the welfare bum wouldn’t be here much longer”. He also said to Richard Pollington “Make as much noise as you want during the day. There’s no law against it”. In fact, there is. Hamilton’s noise bylaw applies at all times of the day or night. Not that it matters. It is very poorly enforced, if at all. John also assured them that “You have nothing to worry about from the landlord here. No trouble from me at all” when the discussion turned to repercussions against them as a result of any complaints made by my roomate and myself.

Saturday September 7, 2019 – I was loading some storage bins (commonly known as “totes”) into a friend’s car when Richard Pollington and Larry Norman came around the corner of the building. They both had a handful of small pebbles, which they began to throw at me. I left and made a complaint to police. HPS had no interest in responding to the complaint, and the dispatcher said so.

On the plus side, neither one of Richard or Larry can hit the side of a barn with a thrown rock.

Monday, September 9, 2019 – As I was leaving the building for work (at 08:15) I heard Christina Stamper scream “He’s stalking me again” but I couldn’t see her.

Friday September 13, 2019 – A summons was served by a uniformed officer by giving it to my roomate. The summons was for Richard Pollington’s Section 810 complaint against me (Doc 363). (Briefly, a Section 810 complaint is a request for a peace bond. Mr Pollington claimed to be afraid of me, which isn’t at all consistent with any of his behavior.) The summons also gives my address as Unit 1, 99 East Avenue South.

I also had a conversation with Property Standards in Hamilton, informing them that the work on the deck had not even been started.

That afternoon there was loud banging and construction noises coming from Pollington’s unit. I have no idea what they were doing, but it was loud. Later that evening, the horn of Stamper’s vehicle (parked in the driveway below our living room window) began sounding at random intervals. That went on until 3 am at least.

Saturday September 14, 2019 – A notice was served (Doc 373) for repainting and repairing the front deck (This would be the second time MLE had to become involved to get the deck painted). As always, John was past the deadline for a compliance order. The “Voluntary Compliance” John had signed in August (Doc 650) gave him until September 13, 2019 to complete the work. I really don’t know why John served this notice but it does document that he was late completing the work,

Monday September 16, 2019 – When I arrived at the building at 16:45 no workers were visible, and it did not appear as though any work had been done on the front deck.

Tuesday September 17, 2019 – As I left the building John was standing beside the front deck, on the 99 side. He said “get that cigarette away from me.” When I looked around to see what was going on, John said “You’re blowing smoke in my face”. At the time, I was at least 15 feet away from John, and wasn’t smoking anything. So I ignored John (other than a muttered “Fuck you, asshole”, which I don’t think John could have heard) and left the building. There was no one else visible close enough to have heard John (or me).

There appeared to have been no work done on the deck yet, but the day was young and john was only four days late at this point. For John, that’s pretty good.

Wednesday September 18, 2019 – When I left the building, there were no incidents. When I returned (at 17:40) there was fresh paint on the deck, and a single small sign (about a 4×5 index card size) on the 97 Side that said “Wet Pant” (the “I” was missing). I thought I’d photographed it, but apparently not.

Thursday September 19, 2019 – There was an appearance for Jeremy Stamper’s criminal charge of breach of probation (laid as a result of the events on July 12, 2019). It was remanded, but I was unable to hear the next date. I stopped by the Duty Crown’s office in the courthouse and asked to be notified of the next date (the fellow behind the desk had no luck trying to find it). I was assured I would be notified by email, and the fellow wrote down my email address. When I returned to the building (around 15:00) it did not appear that any further work had been done on the deck. The “Wet Pant” sign was missing.

Friday September 20, 2019 – No work was done on the deck.

Monday September 30, 2019 – There was an appearance for Richard Pollington’s private complaint. I’ll fill in details later. Some of the statements made were perjury, and this may be the subject of a private complaint of perjury in the near future. The matter was remanded.

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