Monday, October 9, 2023 – After a weekend of fun and relaxation (not really) I emailed John Cerino, with Kazubek cc’d;

Just to let you know what’s going on…

1. I will be serving notices of Garnishment to at least four more of your tenants.

2. At this point my costs have exceeded $500. The costs continue to mount, and I will collect those costs.

3. I have requested a contempt hearing (to be scheduled) since you did not appear for the Examination Hearing. I have also requested contempt hearings (to be scheduled) for Christina Stamper and Richard Pollington for ignoring the Garnishment notices. You were assessed $100 in costs for skipping the Examination hearing.

4. I’m going to collect every dime. The longer you delay, the more it will cost. At some point your tenants are going to discover that your story that there is no judgment against you is another of your lies.

I invite you to discuss settling this manner.

P.Bosch

289-698-6779

I got a reply from Kazubek four minutes later:

Mr Bosch,

I have alreadyprepared our numbers for settlement, the last time I spoke to you, you gave an unrealistic deadline for me to prove them to you.

Neverless, I will forward our offer on Wednesday as I have to amend the numbers to match what you had already received.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

I really have no idea what Kazubek meant when he said “you gave an unrealistic deadline for me to prove them to you”; I think he meant “provide them to you”, not “prove”. I hadn’t asked him to “prove” anything. It’s an ongoing pain in the ass to decipher his emails. So I replied;

>>>>the last time I spoke to you, you gave an unrealistic deadline for me to prove them to you.

Actually, you set the deadline. Listen to the recording of our conversation on my blog if you doubt that. It takes less than 10 minutes to calculate the amount owing.

Don’t forget my costs, which at this point are $630. I’ve sent you most of the copies of the receipts from Small Claims Court already. As usual you didn’t acknowledge the email.

Please fuck off with your gaslighting Kazubek. The deadline was yours, and you had time.

>>>>I will forward our offer on Wednesday

I will be filing the Notices of Garnishment on Wednesday morning. If we haven’t settled by then I will proceed with enforcement (which will add $598 to costs). You promised to send those numbers weeks ago and haven’t.

>>>>I have to amend the numbers to match what you had already received

John hasn’t paid a dime. I’ve received nothing. It’s easy to amend the numbers Kazubek. Subtracting zero from any number is very simple arithmetic, even for you.

P.Bosch

289-698-6779

PS: Send over the numbers you have as of whatever date you calculated them. I’m perfectly capable of calculating simple interest at 6% for the time since that date.

P.Bosch

Mr Bosch,

Calculating the interest on the debt that you have incurred is based on a variable rate, and no, you gave a dealdline, in which you changed after because you could t make it to the court that day.

(Again, I have no idea what he’s talking about. The recording of our conversation cannot be reconciled with these statements. The recording is posted in Chapter 100, or you can download it here. Also, post judgement interest isn’t a variable rate.)

You’ll get our offer on Wednesday. Enjoy you day.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

Pps: Are you now representing John Cerino in the Small Claims matter?

P.Bosch

No, I’ve advised you of this before.

Then why are you meddling?

If you continue there may be another complaint to the law society.

As well, the interest on John’s judgement against me is simple interest, the same as any other LTB order.

Do you just make it up as you go along?

P.Bosch

No, I am not representing in the small claims matter that you are asking about, I am simply concluding the small claims matter that John had a against you, and the current LTB order you have against John. Johns small claims has a variable rate per the small claims. It’s not the same as the rate you got in the recent LTB order.

The constant LSO complaint threat is a useless tactic against me, your wasting the ink your typing with when you make those statements. Do as you feel is needed.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

Do send over that paperwork Kazubek. I’d be fascinated to see this variable rate you speak of.

>>>>The constant LSO complaint threat is a useless tactic against me, your wasting the ink your typing with when you make those statements. Do as you feel is needed.

Yeah, it’s a lot like your gaslighting kazubek. Useless and a waste of time. But you keep gaslighting…

P.Bosch

PS: The deadline is Wednesday morning at 8 am. If you haven’t followed through by then (as usual) I will proceed with enforcement.

P.Bosch

Hello Mr Kazubek:

Please review the following statutes. Body of email is at the end. Please acknowledge this email.

Courts of Justice Act, R.S.O. 1990, c. C.43

129 (1) Money owing under an order, including costs to be assessed or costs fixed by the court, bears interest at the postjudgment interest rate, calculated from the date of the order.

Interest and Costs

Prejudgment and postjudgment interest rates

Definitions

127 (1) In this section and in sections 128 and 129,

“prejudgment interest rate” means the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the proceeding was commenced, rounded to the nearest tenth of a percentage point; (“taux d’intérêt antérieur au jugement”)

“postjudgment interest rate” means the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the date of the order falls, rounded to the next higher whole number where the bank rate includes a fraction, plus 1 per cent; (“taux d’intérêt postérieur au jugement”)

What order are you working from Mr Kazubek? I had assumed you were working from the pay and stay order issued as a result of the hearing on November 26, 2019 (blog post will be forthcoming). If so, that order was issued (if I recall correctly and without double checking) in December of 2019, which means the interest rate (according to the table here :

http://www.ontario.ca/page/prejudgment-and-postjudgment-interest-rates#section-2

would be 3%.

Post judgement interest doesn’t appear to be a variable rate to me. But I could be wrong. I think one of us has misunderstood post-judgement interest. It appears I owe simple interest at 3% (I think, unless you’re working from a different order) from the date of the order.

If you’re working from a different order, please advise me which order (or kindly attach a copy to your reply).

Have a Happy Turkey Genocide day, Mr Kazubek.

P. Bosch289-698-6779

Tuesday, October 10, 2023 – The pissing contest continues;

Mr Kazubek

Please at least acknowledge this email.

P.Bosch

289-698-6779

Hello Mr Kazubek;

I’ve received some advice on the subject of post-judgement interest from one of the lawyers at Pro Bono Ontario. He tells me post judgement interest is calculated at a fixed rate of simple interest, with the rate determined by the date of the order.

That means John’s judgement against us is calculated at simple interest of 3% from the date of the order, which was December 30, 2019. Interestingly, the post judgement interest rate you specified on the Notice of Examination is 0%. I’m told I can bring a motion to have that judgement thrown out, or modified, based on that error. Keep dicking me around, and I will.

Please stop attempting to mislead me about the law. Please acknowledge this email.

P.Bosch

289-698-6779

And continues…

Mr Bosch,

You will get my offer to settle tomorrow as you have been advise.

Have a great day.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

(Today is October 18, 2023, seven days after Kazubek was supposed to send his offer to settle. Haven’t seen it yet. Kazubek wastes a LOT of my time.)

If it isn’t before 8 am, it will be too late.

I file tomorrow at 9 am.

P.Bosch

289-698-6779

….. You will receive our offer tomorrow as you have been advised.

Mr Bosch,

I have a spare moment now to get this hammered out, based on your calculations, you owe John $7801.27, additionally, you have received $1350 so far in rental garnishes, which brings us up to $9151.27.

Can you confirm your total amount of the judgment and fees that you’ve incurred from the LTB order you have against John.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

(How is it that a garnishee making a payment on the debt John owes to me somehow increases my debt to John by the same amount? Either Kazubek is sleazy, or he’s arithmetically challenged. Or both.)

>>>I have a spare moment now to get this hammered out, based on your calculations, you owe John $7801.27, additionally, you have received $1350 so far in rental garnishes, which brings us up to $9151.27.

I haven’t received a dime, Kazubek. I checked with the clerk of Small Claims Court on September 12, 2023 and there were no payments made to the court as of then. I haven’t checked yet in October. Are you saying that there HAVE been payments made to Small Claims Court by the garnishees?

If you are making that representation, then I’ll check with the SCC clerk to verify that there have been payments made by the garnishees. If they have, I’ll adjust the numbers below.

The total amount (as of October 10, 2023) of our judgment against John Cerino is $14, 172.64 plus simple interest at 6% from May 26, 2023 (which comes to $319.18) plus actual costs, which are $630 plus the $100 costs awarded for your client’s no-show at the Examination Hearing. That brings the grand total to $15, 221.82 as of today. You can add $2.40 per day after that for interest.

That leaves a difference of $7,420.55. If I can verify those payments were made by the Garnishees, the difference is $6,070.55.

I’d prefer cash since I don’t trust John’s cheques, but a bank draft would do.

P.Bosch

289-698-6779

Please check with the court as the payments were paid into the court.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

Okay Kazubek. I’ll do that tomorrow morning, since I won’t make it there today. Do you know when those payments were made and by whom?

That point aside, do we have agreement on the numbers?

P.Bosch

289-698-6779

In about, yes we do, I just have to double check the rate and calculation.

(Whatever that means. At least he said “rate” and not “rates” so I think Kazubek now correctly understands that post-judgement interest is simple interest at a rate determined by the date of the order).

I’m not really sure what that means, but I think you are saying that yes, we have agreement, subject to you checking my calculations. Is that correct?

P.Bosch

289-698-6779

PS: The interest calculation was based on the amount of the judgement. I did not apply interest to the costs, which it appears I can do. But it’s only a couple of bucks, and in the interests of keeping our interaction as short as possible, I’ll forget about that little bit. I’m trying to keep the calculations as simple as possible for you, as I recognize that you are arithmetically challenged.

P. Bosch

Wednesday October 11, 2023 – The last email thread had gone on too long, so I started a new one. I emailed Kazubek;

Hello Kazubek;

That was a real mound of paperwork, Joe. How do you tolerate doing this for a living? {Rhetorical question, no need for an answer}.

It seems there were no payments made to SCC on the garnishments, or else SCC staff erroneously told me there were none. “Jerry” from “finance” is double checking to make certain there were no payments and will get back to me whenever, by email. I’m starting to get the feeling that SCC doesn’t work any better than the LTB.

No offer Joe? You missed the deadline.

Please acknowledge this email. As always I do not consider our communication to be privileged in any way, shape, or form.

P.Bosch

Paul, we already came to terms, you were just checking to see if you had the funds that have been garnished.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

>>>>Paul, we already came to terms, you were just checking to see if you had the funds that have been garnished.

We had? I don’t see that anywhere in our emails. The last information that I had was that you would be double checking my numbers. I’ll remind you of my penultimate email:

>>>I’m not really sure what that means, but I think you are saying that yes, we have agreement, subject to you checking my calculations. Is that correct?

Do we have agreement that John Cerino owes a difference of $7,420.55. If I can verify those payments were made by the Garnishees, the difference is $6,070.55?

Plus the costs I incurred today, of course.

P.Bosch

289-698-6779

Oops. That’s $7,422.95, including today’s interest.

Peter

You there Joe?

Peter

Guess not. One Jerry Jayakhosh from the Hamilton Finance Office (whatever that is) emailed back to me and asked for the file number. I emailed it back and no answer since.

Until we have explicit written agreement (email will do), without qualification, we don’t have agreement. If we don’t have agreement, I proceed with enforcement. If I proceed with enforcement I will recover the costs of those efforts to enforce the judgement.

I’m starting to feel a bit dicked around here, Kazubek.

P.Bosch

289-698-6779

Mr Bosch,

Once you confirm that you have received the funds from the court, I will have the payment of the balance available. I can confirm that the funds were paid into the court, as John did not receive the last two rental payments from one of the garnishee.

I won’t be receiving anything from Small Claims Court until mid November at the soonest, and that’s assuming that the garnishee DID make payments to the court. Either Kazubek mis-spoke, or he doesn’t know what he’s talking about. It’s hard to say with Joe.)

Mr Kazubek;

Do we have agreement that the balance, as of October 11, 2023, is $$7,420.55 less any funds paid to the court by garnishees?

>>> I can confirm that the funds were paid into the court, as John did not receive the last two rental payments from one of the garnishee.

All that means (if it’s true) is that Christina Stamper did not pay rent to John. That doesn’t mean she did pay the court. But most likely she did. I’ll wait for “Jerry from Finance” to confirm an amount. If any.

I do hope you’re billing John at your “not very cheap” hourly rate for every minute of this. I told John in early 2017 I’d collect every penny for those shit stained carpets.

(The amount, $1350, gave it away. In my notes I have an incident where John Cerino was speaking to me, telling me “I can rent your place for $1350, like this one” as he gestured towards #1 97 East Avenue. That was in the spring of 2018, shortly after the Stampers moved in.)

Thursday, October 12, 2023 – I heard back from “Jerry from finance”, so I emailed Kazubek again,

>>>>

Hi,

We are yet to receive any funds on this file. That said, funds received from the middle of September are not processed yet. So I would say if you could reach back by the end of next week or the week after, I could update you on those available with us.

Thanks,

Jerry.

Do we have agreement that the balance, as of October 11, 2023, is $$7,420.55 less any funds paid to the court by garnishees?

P.Bosch

289-698-6779

PS: That feeling of being dicked around is returning.

PS: 289-698-6779

Definitely feeling dicked around.

Good afternoon,

We’re looking into the missing payments, this is a concern as the funds should had been provided to the court in September and the beginning of October directly.

Friday, October 13, 2023 – The flow of urine continues…

Good morning/afternoon/evening {<–pick one}

I’m not sure how this is any of my problem but I’ll put my plans for a weekend of stalking the wild Cerino and his herd of tenants on hold for now. Process servers must have fun at their job. It really is a lot like hunting, but without the mess and mosquitos.

Do we have agreement on the number or not? Interest is piling up…

Guess we don’t have agreement. Tally-ho!

Have a nice weekend, Joe.

P.Bosch

289-698-6779

No word on your missing funds yet?

I have never received a reply to the last email.

Chapter 105 – Friday, October 6, 2023 – Tuesday, October 17, 2023

Hello Mr Kazubek:

Courts of Justice Act, R.S.O. 1990, c. C.43

Interest and Costs

Prejudgment and postjudgment interest rates

Definitions

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Peter Bosch <pbosch468@gmail.com>	Oct 9, 2023, 10:10 AM (9 days ago)
to john, Joseph

Joseph Kazubek	Mon, Oct 9, 10:14 AM (9 days ago)
to John Cerino, Paul Bosch

Peter Bosch <pbosch468@gmail.com>	Mon, Oct 9, 10:33 AM (9 days ago)
to Joseph

Joseph Kazubek	Mon, Oct 9, 10:37 AM (9 days ago)
to Paul Bosch

Peter Bosch <pbosch468@gmail.com>	Mon, Oct 9, 10:40 AM (9 days ago)
to Joseph

Joseph Kazubek	Mon, Oct 9, 10:41 AM (9 days ago)
to Paul Bosch

Peter Bosch <pbosch468@gmail.com>	Mon, Oct 9, 10:44 AM (9 days ago)
to john, Joseph

Peter Bosch <pbosch468@gmail.com>	Mon, Oct 9, 10:52 AM (9 days ago)
to Joseph

Peter Bosch <pbosch468@gmail.com>	Mon, Oct 9, 1:51 PM (9 days ago)
to me, Joseph, jcerino2004

Peter Bosch <pbosch468@gmail.com>	Tue, Oct 10, 9:39 AM (8 days ago)
to Joseph, me

Peter Bosch <pbosch468@gmail.com>	Tue, Oct 10, 11:51 AM (8 days ago)
to me, Joseph

Peter Bosch <pbosch468@gmail.com>	Tue, Oct 10, 12:19 PM (8 days ago)
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Peter Bosch <pbosch468@gmail.com>	Tue, Oct 10, 1:02 PM (8 days ago)
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Peter Bosch <pbosch468@gmail.com>	Tue, Oct 10, 1:37 PM (8 days ago)
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Peter Bosch <pbosch468@gmail.com>	Tue, Oct 10, 1:40 PM (8 days ago)
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Peter Bosch <pbosch468@gmail.com>	Wed, Oct 11, 11:25 AM (7 days ago)
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Peter Bosch <pbosch468@gmail.com>	Oct 11, 2023, 11:36 AM (7 days ago)
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Peter Bosch <pbosch468@gmail.com>	Wed, Oct 11, 12:01 PM (7 days ago)
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Peter Bosch <pbosch468@gmail.com>	Wed, Oct 11, 2:15 PM (7 days ago)
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Peter Bosch <pbosch468@gmail.com>	Wed, Oct 11, 8:35 PM (7 days ago)
to jcerino2004, Joseph

Hello Mr Kazubek:

Courts of Justice Act, R.S.O. 1990, c. C.43

Interest and Costs

Prejudgment and postjudgment interest rates

Definitions

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Peter Bosch <pbosch468@gmail.com>	Thu, Oct 12, 7:43 AM (6 days ago)
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Peter Bosch <pbosch468@gmail.com>	Oct 12, 2023, 8:29 AM (6 days ago)
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Peter Bosch <pbosch468@gmail.com>	Thu, Oct 12, 9:49 AM (6 days ago)
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Peter Bosch <pbosch468@gmail.com>	Thu, Oct 12, 6:53 PM (6 days ago)
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Joseph Kazubek	Thu, Oct 12, 6:59 PM (6 days ago)
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Peter Bosch <pbosch468@gmail.com>	Fri, Oct 13, 7:42 AM (5 days ago)
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Peter Bosch <pbosch468@gmail.com>	Oct 13, 2023, 2:59 PM (5 days ago)
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Peter Bosch <pbosch468@gmail.com>	Tue, Oct 17, 2023, 11:28 AM
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