Chapter 106 – Wednesday October 18, 2023 – Saturday October 28, 2023

Wednesday October 18, 2023: I’d had some difficulty uploading evidence submissions to TOP (Tribunal Ontario Portal) so I emailed Kazubek. That led to the usual unproductive waste of time:

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Hello Mr Kazubek

I’ve uploaded some disclosure to TOP. It’s compilations of previously disclosed documents, in chronological order.

If you need me to email copies directly, I will. TOP was clearly the result of some politician’s relative getting an IT contract. It’s the most user unfriendly, glitchy piece of crap I’ve dealt with in years.

I’ll be disclosing one or two more such compilations. I ran short of time. Hunting the wild Cerino took more time than I’d thought. Gathering intel is time consuming when it’s necessary to do it in person.

I’m looking forward to mopping the hearing room floor with your sleazy ass (again).

P.Bosch

289-698-6779

No answer, Joe?

Peter

Good evening,

As advised, I will not engage in any communications from you that contains any inappropriate language or statements.

We will discuss disclosure concerns at the next hearing.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

Confidentiality Notice: This email contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

All email Communication unless otherwise stated, is to be considered without prejudices.

Please excuse any typos or grammatical errors, these communications were composed on a mobile device.

Define “inappropriate language or statements” please.

P. Bosch

289-698-6779

Please seek legal counsel to answer your legal questions.

So….you won’t communicate unless I follow some unspecified (and seemingly purely subjective) protocol.

>>>Please seek legal counsel to answer your legal questions.

That’s actually funny, Joe. Yahkni (you remember her, John’s first representative) told me the same thing when I told her what the interval on a Notice of Entry meant, in those exact words.

(This was a shot a Joe’s statements in the T2 hearing that John was unaware of the requirements for a Notice of Entry. Since, by his own testimony in the T6 hearings, John was a landlord with 47 years of experience (in March of 2023) whose brother Agostino (and partner) had the same experience. Both brothers have derived most or all of their income as a landlord for that time. As well, John was (usually) represented by a Law Society Licensee. It boggles the mind that Kazubek would even try that excuse, but….he did. In view of a landlord’s positive obligation to know the law, and John Cerino’s political activities on behalf of landlords, that statement is a joke. Kazubek knows (or ought to know) that statement is false. But even if it were true, it doesn’t help his client. Kazubek wasted a whole morning of hearing time on this rather fantastic explanation of why John’s Notices of Entry were deficient.)

Stick it up your ass, Kazubek. (I’m pretty sure that’s inappropriate, but who knows? I’m working without a definition here.)

Peter

That wasn’t very useful.

Friday, October 20, 2023 – I went to John Sopinka Courthouse to the Small Claims Clerk and asked about the Garnishment Hearing and the Contempt Hearing. The clerk informed me that the Contempt Hearing was scheduled for Dec 6, 2023 and provided me with a copy of the Notice of Contempt Hearing to serve John. She was quite specific that it needed to be served personally. She was unable to answer my questions as to whether there had been payments made to the court by the Garnishees (Richard Pollington and Christina Stamper) and directed me to the “Hamilton Finance Office” in another part of building. One of the clerks in that office (who introduced himself as “Jerry”) informed me that there had been no payments by the garnishees to the court. He also added that cheques from September had not yet been processed, so I should check back “after next week”.

Sunday October 22, 2023 – Another email exchange with Kazubek, in which I discover (again) that he doesn’t appreciate snarky humor.

Hi John & Rep

Just keeping you posted.

SCC still hasn’t processed garnishments from September, and can’t verify if any payments were made.

Not that it matters, John, since your rep won’t even agree on the amount.

You can explain it all to the judge at the contempt hearing John. Or better yet, you can skip that hearing too. If you do show up, be prepared to hold an Examination. Bring your bank books and bank statements, along with that financial information form I gave you (filled in and signed, please).

If you don’t show up, keep a toothbrush with you. You might be unexpectedly staying overnight away from home. You can ask Kazubek about that.

Are you seriously going to try and sell Member Carey on the idea that you were that ass ignorant of the requirements for a Notice of Entry? After 47 years as a professional landlord, with a partner with another 47 years of experience and a LSO licensee to give you legal advice? If that’s the best Kazubek can come up with, you really ought to consider settling John. You should ask Kazubek about a landlord’s positive obligation to understand the law. That’s assuming he understands what that means.

I don’t mind spending another 5-7 hearing days unraveling your version of, well, anything John. But it’s a waste of LTB hearing time, and I’d rather see the last of you in court. On the other hand, every hearing is on your dime, and the more that member sees of you, the higher the judgement is likely to be. So, either way, I’m fine with it.

The offer to settle the three T2 Applications is this:

$65,000 ($40,000 immediate payment) plus vacant posession of 2-99 East Avenue South, which is currently vacant, at $1100.00 monthly rent. The $25,000 remaining of the $65,000 will be used as a credit to pay rent.

That’s as cheap as it’s ever going to get for you John.

P. Bosch

289-698-6779

Good afternoon,

We have came to an agreement on the matter of settling the first ltb matters, which was explained in my last few emails, we are just awaiting the confirmation of where the funds went from the first two garnishments you had served.

My office is attending the Hamilton small claim’s tomorrow to try to retrieve any details on the payments that have been paid into the courts so far.

Enjoy the rest of your weekend.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

All email Communication unless otherwise stated, is to be considered without prejudices.

Please excuse any typos or grammatical errors, these communications were composed on a mobile device.

>>>>We have came to an agreement on the matter of settling the first ltb matters, which was explained in my last few emails

Please state explicitly, including exact amounts (where known), the agreement you believe we have reached. I still can’t find that in our emails.

>>>My office is attending the Hamilton small claim’s tomorrow to try to retrieve any details on the payments that have been paid into the courts so far.

Maybe you should send a human being, rather than an office. I know your office is tiny, but I don’t think you’ll get it through the doors of John Sopinka Courthouse. Just sayin’…

No response on the offer to settle the T2s?

P.Bosch

289-698-6779

Do let me know how your office field trip works out.

P.Bosch

289-698-6779

No response? I’m very curious how you got your office into the courthouse.

(Is levity inappropriate? I ask because you won’t define it.)

P. Bosch

289-698-6779

That feeling of being dicked around is definently back.

We’re at the point where I question your good faith, Kazubek. You will not specify the agreement you believe we have reached, and are apparently unwilling to even agree on the amount outstanding. There also appears to be some misunderstanding about post-judgement interest.

If you will not negotiate in good faith, I will proceed with garnishments against other tenants and collect the full amount of my judgement against John.

I’ll also be asking for pre-judgement interest in the ongoing T2 applications, as well as a number of other motions. I expect our preliminary issues will use up a considerable part of the hearing day next session.

(It turns out that pre-judgement interest doesn’t apply to LTB applications. That’s handy for douchebags…)

P.Bosch

289-698-6779

Peter,

We’ve agreed to the numbers that were spoken too, my office is trying to confirm the missing payment.

Have a great day, and hope this is resolved by next week.

For the love of Christ, Kazubek, READ THE EMAIL.

Please state explicitly, including exact amounts (where known), the agreement you believe we have reached. I still can’t find that in our emails.

We haven’t agreed on ANY numbers. If I’m wrong about that, I invite you to copy and paste the relevant email in your reply. Otherwise you’re just dicking me around. Let me be explicit.

WE DO NOT HAVE AGREEMENT ON THE NUMBERS. I HAVE NO IDEA WHAT NUMBERS YOU THINK WE’VE AGRREED TO.

Clear enough for you?

P. Bosch

289-698-6779

You have until close of business today to reach an agreement on the numbers. If not, I will proceed with enforcement for the full amount of the judgement against John. Your lack of good faith is becoming even more obvious.

P.Bosch

289-698-6779

50 minutes left until the deadline Joe.

Peter

Peter,

We will provide you with a full release in which shall clearly outline the current judgments, any interest owed and the final payout after we confirm the in court payment ls.

Furthermore, Ms.Balls will also be named on the payment as both parties were named in the first judgment.

Have a great night and please cease these types of communications.

>>>>Furthermore, Ms.Balls will also be named on the payment as both parties were named in the first judgment.

I’m fine with that, Kazubek. She is aware of my efforts to collect and has been consulted/updated. In fact, I’ll copy this email to her.

>>>>>We will provide you with a full release in which shall clearly outline the current judgments, any interest owed and the final payout after we confirm the in court payment ls.

However, since we have no agreement, what makes you think either of us will sign off on that release? A bit presumptuous of you Kazubek. Ms Ball was consulted about pursuing costs, and agreed with my opinion that we should collect every dime even if it meant some further delay. (And it’s Ball, not Balls. An understandable error on your part, since she has more than you of that particular quality.)

>>>>Have a great night and please cease these types of communications.

Define “these types” please.

I’ll be incurring more costs over the next few days. I’ll collect every dime, including any fees paid to professional process servers.

P. Bosch

289-698-6779

Thursday, October 26, 2023 – I was fairly certain that Kazubek was wasting my time with another fanciful story, but I checked on it.

SC-23-38058-0000

Hello Jerry;

Please advise if any payments have been made by Garnishees in the above matter for September and October of 2023. If your office has not yet processed those payments, please let me know when that information will be available.

I originally made the request in person on October 12, 2023, and was contacted by you by email the day after. You advised me that np payments had been processed for September and asked me to “check back at the end of next week, or the week after”. I’ve done that and received no reply.

P.Bosch

289-698-6779

Hi Peter,

We have done a manual search on the cheques that were received at the court house, but could not locate the one send in your name.

Is it possible to find out the address they have sent the cheques to? I need to go and check with the other court house if it was not addressed to Suite 126, 45 Main St E, Hamilton.

Thanks,

Jerry

From: Peter Bosch <pbosch468@gmail.com>
Sent: October 26, 2023 12:14 PM
To: Hamilton Enforcement (MAG) <Hamiltonenforcement@ontario.ca>; Joseph Kazubek <kazubeklegal@gmail.com>
Subject: SC-23-38058-0000

CAUTION — EXTERNAL E-MAIL – Do not click links or open attachments unless you recognize the sender.

Hi Jerry

I’m a bit confused. The Notice of Garnishment instructs the garnishees to make any payments payable to the Minister of Finance, along with a copy of the garnishee’s payment Notice. There shouldn’t be any payments in my name. I am the creditor in this matter.

The debtor’s representative has stated that two payments were made of $1350 each by one of the garnishees. From your email it appears that there were no payments, but I’m not certain you were looking for the right thing.

Please confirm that no payments have been made by any garnishee on this matter.

P.Bosch

289-698-6779

PS: The debtor’s representative is Joseph Kazubek. I invite you to contact him directly by email at kazubeklegal@gmail.com or by telephone at 9059621169. He isn’t very communicative with me but perhaps you’ll have better luck than I have. He has stated in emails that two payments of $1350 were made, one in September and one on October “directly to the court”. I’m not completely sure what that means, and he has refused to clarify.

P.Bosch

289-698-6779

Good evening,

As advise, I am not retained in this matter.

Joseph H. Kazubek
Legal practitioner, Notary Public
JK/

All email Communication unless otherwise stated, is to be considered without prejudices.

Please excuse any typos or grammatical errors, these communications were composed on a mobile device.

Then why were you communicating with me about it? This is a bit confusing. I’d be happy to paste the relevant emails if you need your memory refreshed.

P.Bosch

Good evening,

As explained over and over, I am handling the LTB matter that you had received an judgment for and to conclude the landlords LTB order only.

>>>>>, I am handling the LTB matter that you had received an judgment for and to conclude the landlords LTB order only

Part of which was settling the amount, which is why we had the discussions about those payments. However, that point is now moot since I will be enforcing the judgement for the full amount. I invite you to collect any debt I may have to John through the proper process. It has become increasingly evident that you are not acting in good faith.

I intend to keep serving John’s tenants, business associates and banks with Garnishee Notices until John’s debt to me is paid in full. Future service of documents will be made by multiple individuals, and the costs associated with that will be aggressively pursued. Or we can make arrangements for his debt to myself and Ms Ball to be paid in full by November 2, 2023. It’s your client’s choice.

P.Bosch

289-698-6779

Saturday, October 28, 2023 – Since Kazubek was wasting my time, I proceeded with attempts to serve John Cerino at numerous locations in Hamilton and Dunnville. At this point I know a lot more about John’s life than he would like, so I tried anywhere he might be, including 1012 Cedar Street and the Dunnville McDonald’s. Here’s some of the videos:

https://youtu.be/E4Lc8rgL0NQ

No luck finding him, so I went back at it the next day.

Chapter 106 – Wednesday October 18, 2023 – Saturday October 28, 2023

Disclosure

Hi John & Rep

SC-23-38058-0000

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Peter Bosch <pbosch468@gmail.com>	Wed, Oct 18, 2023, 10:48 AM
to Joseph, john

Peter Bosch <pbosch468@gmail.com>	Thu, Oct 19, 2023, 2:59 PM
to Joseph, john

Joseph Kazubek <kazubeklegal@gmail.com>	Thu, Oct 19, 2023, 3:39 PM
to me, john

Peter Bosch <pbosch468@gmail.com>	Thu, Oct 19, 2023, 3:49 PM
to Joseph

Joseph Kazubek <kazubeklegal@gmail.com>	Thu, Oct 19, 2023, 3:51 PM
to me

Peter Bosch <pbosch468@gmail.com>	Thu, Oct 19, 2023, 3:56 PM
to Joseph

Peter Bosch <pbosch468@gmail.com>	Oct 22, 2023, 12:12 PM
to Joseph, john

Joseph Kazubek <kazubeklegal@gmail.com>	Oct 22, 2023, 12:46 PM
to me

Peter Bosch <pbosch468@gmail.com>	Oct 22, 2023, 1:05 PM
to john, Joseph

Peter Bosch <pbosch468@gmail.com>	Oct 23, 2023, 9:34 AM
to Joseph, john

Hamilton Enforcement (MAG) <Hamiltonenforcement@ontario.ca>	Oct 30, 2023, 3:16 PM
to me

Peter Bosch <pbosch468@gmail.com>	Oct 24, 2023, 10:59 AM
to Joseph, john

Peter Bosch <pbosch468@gmail.com>	Oct 25, 2023, 10:59 AM
to Joseph, john

Joseph Kazubek <kazubeklegal@gmail.com>	Oct 25, 2023, 11:00 AM
to me

Peter Bosch <pbosch468@gmail.com>	Oct 25, 2023, 11:09 AM
to Joseph

Peter Bosch <pbosch468@gmail.com>	Oct 25, 2023, 11:15 AM
to john, Joseph

Peter Bosch <pbosch468@gmail.com>	Oct 25, 2023, 4:11 PM
to Joseph, john

Joseph Kazubek <kazubeklegal@gmail.com>	Oct 25, 2023, 4:23 PM
to me, john

Peter Bosch <pbosch468@gmail.com>	Oct 25, 2023, 6:09 PM
to Marie, Joseph, john

Peter Bosch <pbosch468@gmail.com>	Oct 26, 2023, 12:13 PM
to Hamilton, Joseph

Peter Bosch <pbosch468@gmail.com>	Oct 30, 2023, 5:01 PM
to Hamilton

Disclosure

Hi John & Rep

SC-23-38058-0000

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Peter Bosch <pbosch468@gmail.com>	Oct 30, 2023, 8:41 PM
to Joseph, Hamilton

Joseph Kazubek <kazubeklegal@gmail.com>	Oct 30, 2023, 8:43 PM
to me, Hamilton

Peter Bosch <pbosch468@gmail.com>	Oct 30, 2023, 8:56 PM
to Joseph, Hamilton

Joseph Kazubek <kazubeklegal@gmail.com>	Oct 30, 2023, 9:03 PM
to me

Peter Bosch <pbosch468@gmail.com>	Oct 30, 2023, 10:11 PM
to john, Joseph