FINALLY AFTER 18 MONTHS . . A HEARING, A DYSFUNCTIONAL HEARING, BUT AT LEAST OUR DAY IN COURT
This is yet another instance where this tenant is seen wilfully committing a Criminal Act! This long awaited 2nd Hearing (I talked about the landlord’s original N4 Hearing 6 month’s prior for ‘Non Payment of Rent’, being a waste of time when at noon the Chairperson announced that LTB was only working ’til noon and the tenant misleading LTB by alleging that the landlord’s N4 was “very complicated” when it was anything but complicated) and this Hearing was also proving a disappointment, with about the same level of administrative dysfunction on display.
Both Hearings were being conducted via Zoom (internet video) and are both preserved at LTB on the Record showing the facts that exposed the tenant to be lying to everyone about everything which according to LTB’s own printed material “is an Offence”.
The key flaw here is that there is literally no vehicle or mechanism in place for a defendant to notify LTB that the entire Bad Faith Matter is taking place in front of them and involving LTB itself. I tried to notify LTB but the only mechanism is via their website and that information has proven to not be read until or even during the Hearing. This is another element in LTB’s rather flawed logic that common sense logic can remedy virtually over night.
The record clearly proves that the Chair of this second Hearing had not read any of the facts that we (defendant) had laboured long and hard to write for the Chairperson in my Answer.
LTB’s entire concept of a justice system appears to be so materially flawed that a single answer in a box missing (allegedly) could result in your case being thrown out, but selecting a competent paralegal to represent you is another cause of frustration and more like throwing darts or playing Russian roulette.
The massive waist of time built into LTB’s process has led lawyers to openly refuse interest in these cases and paying for a paralegal requires entire wasted days at randomly sequenced cases that are stacked and rendered non-productive due to LTB placing cases that have agreed to settle in priority sequence on the slate.
In this case I feel we would have been better served going it alone at the Hearing without our paralegal and just using him to prepare and submit our defence documents (my Answer).
For this extremely simple and obvious case we had two days of court time without getting our case dealt with at all but still got a positive ruling. At the second Hearing the Chairperson offered to delay the Hearing again without either party even asking for it, just due to the tenant attempting to submit an inappropriate response to my Answer. This is legal dysfunction at the absolute best!
I had virtually litigated the entire matter and could have delivered my answer to LTB within hours of receipt of the tenant’s T2 eighteen months prior. Instead, I worked equally as hard prepping our paralegal and found that we were required to waste time, energy and money playing the academic LTB game of some sort of Altered Justice, while this conman was living in our property without paying his rent and seeking damages of $35,000+.
The simple common sense logic of requiring that a tenant must advance their rent in all cases of disputes into an LTB controlled Trust Account (to be released to the prevailing party upon resolution of the matter) would resolve today’s bottleneck over immediately!
The windfall to cons as a result of LTB’s flawed logic that allows a tenant to stop paying their rent and drag out a bad faith Claim as long as possible, while the innocent landlord is left paying their monthly mortgage and all other related expenses is simply counter productive to any concept of just justice.
Fortunately the entire LTB “Zoom” Hearing is (video) recorded because most of what is introduced to you here simply will be difficult to believe! Thankfully this entire case, from its onset through to the final rulings are supported with hard copy evidence that proves this is a clear case of criminal fraud, perjury, and malicious prosecution of a landlord by a tenant.
But LTB is somehow contorted the law making available no mechanism where wronged parties can be heard even with irrefutable evidence of a fraud being committed. This is a material flaw in the system that must be remedied. And then, in its flawed concept of justice, LTB is seen here to not even read a defendant’s submitted detailed Answer!
LTB observably has relies solely on verbal input from the parties at our Hearing, without (as proven in Chapter 8) any familiarization of the foundation of facts of the case made available to them. Justice cannot be seen to allow judicators to proceed with only one party’s submissions heard prior to holding a formal Hearing.
As this long awaited Hearing got started, a point of interest caught me when the Chair announced that there were two unrelated to the case “observers” attending the Hearing (now who do you think that could have been).
Yes, LTB Hearings are open to the Public but unfortunately their Zoom Hearings don’t show the observers on screen. But I am open to all bets that it was the tenant’s “shadow legal adviser and her legal partner is crime. Who would even have time to turn into random LTB Hearings to simply stumble into unrelated public landlord tenant disputes.
The Hearing immediately got off to a shaky start due to LTB’s system having been down, and our paralegal insisting on using his own numbered referenced evidence as opposed to working with the evidence headings I had delivered to him and LTB. Here again street sense proved superior to academia but academia prevailed and confusion arose.
This is another unfair burden faced by landlords, as all landlords get to work with are unknown paralegals and just have to take their chances and pick one. You have no idea of their level of skill, expertise, or competency.
In retrospect I would have been much better off handling the Hearing myself (you can run up quite a bill having paralegals attend Hearings that are frequently rescheduled after all day of listening to cases that have already agreed to settle . . . “for the record”). This is a whole other level of abuse shovelled onto landlords in Ontario at the worst time possible for them.
I don’t mean to shock anyone here, but the scales of justice are supposed to be equal and balanced. Lady Justice may be alleged to be blind (but surely not deaf, dumb and blind like the pinball wizard) but not only does LTB have its thumb on the scale of justice to benefit the tenants, they have both feet on the scales wholly supporting them while ignoring the landlord. This case shows indisputably that LTB doesn’t even read the landlord’s Answer to tenant’s claims and have no idea of the legitimacy of those claims.
The tenant had not paid his July rent nor his August rent and his last month’s rent would be applied to his September rent (had he not waited until after hours on the day after his lease automatically transitioned from annual to month to month under LTB’s policy).
We didn’t care about his false reasoning and excuses. We were just relieved to know that he was finally vacating the property, as the threat of him remaining throughout LTB’s lengthy process was real and its length unknown. This also is another matter that needs to be fixed immediately!
The logical bet at the time was that the Chairperson of the Hearing would come back with the tenant owing landlords two months rent plus 18 days (total monthly rent divided by number of days in the month and multiplied by the number days he had remained in the property) and that is precisely the Ruling. All without LTB even having read the landlord’s Answer.
Now, no-one can tell me that this tenant had rented a new place the night before sending this email! So it becomes obvious that for months he wilfully made no attempt to notify the landlords of his intentions.
It seems that the tenant gets some kind of demented gratification from costing the landlord money and/or seeing just how far he can manipulate the law. His conduct is irrational and not really comprehensible until you call in his shadow legal counsel and then it all becomes much more clear.
None of the comprehensive “Evidence”, all of which accompanied my legal Answer prior to the Hearing, came anywhere near the consciousness of the LTB or its Chairperson, who was relying solely on the parties giving verbal testimony which, without a doubt, compromised the integrity of the Hearing despite the outcome.
Most interestingly, this is at least this tenant’s third (3rd) round of blatant “Criminal Activity” including but not limited to “Public Mischief”, “Perjury”, and possibly “Obstruction of justice” but the fraud is not limited to against just the landlord. Look at the backlog at LTB and you see the impact and cost of his wilful unlawful conduct!
With all due respect, LTB has proven itself guilty of malfeasance and one could go so far as to call it consumer abuse by the legal system!
The Chairperson was observably on to this tenant’s lack of credibility when the first piece of evidence was called up and the Chairperson asked frankly “where’s the harassment in the landlord’s notice to you” and the best that the tenant could come up with was “the entire letter”. That answer didn’t fly at all with the Chairperson and it was about the only piece of evidence addressed in the Hearing.
LTB never became aware of this “fraud against it, despite the landlord having rendered the tenant’s entire Claim moot in my introduction page (it should have been handled with a Motion for Summary Judgement). So this critical evidence now formed the my Introduction Page of my Answer answering each of the tenant’s 15 false allegations set out in his T2 proving each as wilful lies.
Following the Hearing, about a month later, with the Chairperson still deliberated on the case, I detailed the pertinent facts all again in a letter to the LTB and its Chairperson.
Had the LTB read these submissions (let alone the landlord’s Answer) the Chairperson would have, and/or should have agreed with my request for reimbursement of $3,700 in legal costs. This is all included in writing in LTB’s published material and was acknowledged as received by LTB and a party’s right to request same is clearly set out in LTB’s web site.
The Chairperson shut down the Hearing without addressing the issues I introduced and didn’t reply to my suggestion to prosecute the tenant for his unlawful conduct which LTB publishes to be “an offence”.
But clearly, the LTB did not fulfil even its most basic fiduciary duty and simply conduct the critical step number 2 in their own published process of seeking justice.
To be sure we’re all on the same page, this second Hearing was held in January 2024 some 19 months after the landlords filed their straight forward LTB Complaint Form N4, due to the tenant not paying his rent. One cannot find a more basic case.
The Tenant had countered our efforts to collect the rent owed to us by filing his bad faith T2 seeking $35,000.00 in Damages falsely allegedly “a deck in the backyard not being installed prior to his moving in resulting in him not having use of the backyard”.
At that precise time there was an shocking abundance of media articles showing tenants refusing to pay their rent and as a result forcing their landlords either into bankruptcy or to pay greenmail in the tens of thousands of dollars.
If LTB was actually a real court of law, the landlords would have motioned for Summary Judgement (to have it thrown out due his T2 consisting of self contradicted lies) immediately upon receiving it, but astonishingly LTB offers no vehicle for such effective communication.
Falsely accused landlords are required to just sit and wait while LTB continues to stack up cases because LTB has introduced such dysfunctional governance of our laws. Obviously they don’t teach lawyers much about cons in university or in law school.
I had caught and exposed the tenant’s self–submitted contradictions (lies) in his own T2 the minute I had received and glanced through it back in 2022 when he filed it, and could have had the case thrown out entirely within a day or two simply by submitting my Motion for Summary Judgment but no such facility was available.
But for some illogical reason LTB is not set up to facilitate this kind of logic and seems unaware of or not in touch with common sense. It took almost 2 years for LTB to get around to do what could of and should have taken at the worst under 30 days as they always were done before LTB came into existence.
The video recording of the Hearing and the transcript show the tenant’s (and his shadow legal counsel’s) factual ignorance of the justice system attempting to further abuse the system by submitting a false follow–up T2 that actually is just another childish and ill- informed attempt at a rebuttal to my Answer delivered to him a the week prior to the Hearing as required under LTB.
The Chairman immediately informed the tenant that this simply is not how things are done. He then informed the tenant that it required to be an amendment to his earlier T2 delivered to LTB and the landlords at least a week prior to the Hearing so both parties (and LTB had hopefully) were aware of all new submitted material and evidence. Common sense told me this but apparently they seem to be oblivious to common sense.
Stunningly, the Chairperson, without discussion with us, blurted out an invitation to the tenant to defer the Hearing, to allow him to resubmit an amendment consisting of the content of his new T2. We had followed the law as prescribed by LTB itself and the Chairperson’s out of the blue and unsolicited offer was simply inappropriate and uncalled for.
Once again this shows flagrant bias at LTB in favour of tenants at the expense of honest everyday landlords yet LTB stands behind its published representations of “serving both parties equally and fairly”. This is simply proven to not be the case as demonstrated here.
Ontario Landlords have been, and continue to be, unjustly and unlawfully hobbled and damaged due to LTB’s altered reality concept of conventional contract law: “automatically transitioning ALL leases in Ontario to month-to-month on the termination date contradicting terms set out in the required LTB forms including its Ontario Standard Lease Form”. The dichotomy around this one simple point of illogic should not remain unnoticed and/or unaddressed.
In this case the Tenant fully intended to breach the lease prior to entering into it and started attacking the landlords midway through the lease by falsely alleging that it was “his landlords harassing, intimidating, threatening, bullying, him”.
He was allowed to do this without including a single piece of evidence (all 7 pieces of his evidence he submitted failed to support any of his false claims) yet his bad faith filing bought him almost 2 years before being held legally accountable. Any reasonably prudent person would agree that it should have been done within hours of the tenant submitting of an observably Bad Faith T2 Claim for damages. Are you seeing where this backlog at LTB comes from yet?
The Chairperson first addressed the tenant’s T2 (which was out of order to our N4) and he called up only a couple pieces of the submitted evidence, the first of which addressed the tenant’s false allegation of the “illegitimacy of the Notice” along with “hostility, threats, and intimidation” in the landlord’s June 14th Legal Notice to inspect the property. Had the Chairperson read my (the defendant’s) Answer he would have been familiar with all the lies submitted by the tenant.
But the Chairperson was astute enough to catch that the June 14th email was actually legitimate and gave the tenant the proper required notice and then he ask the tenant the fatal question: “where’s all the hostility, threats, and intimidation in this email”?
As anticipated the tenant could not point out any instances in my Notice to support his claims because there was none. That single piece of evidence not only destroyed the tenant’s bad faith T2 it also solidified our position set out in our N4, which was a literal no-brainer that should have at least been discovered at the first Hearing, or when and if someone at LTB had actually read our Answer as it addressed all matters categorically exposing the tenant and his unlawful schemes and actions to execute them.
By this point you’ve read through the tenants T2 (Chapter 3) and our Answer (Chapter 5) so I am assuming that I am safe concluding that you are aware that absolutely every allegation set out in the tenant’s T2 Word Document was false. It is not me calling this tenant a liar and/or a conman. It is him himself calling himself a liar, wholly supported by hard copy indisputable evidence!
This tenant is literally the Poster Boy for real estate rental Fraud but tragically LTB allowed him to walk right through their entire process and procedure without them ever catching on to him.
He is seriously and unquestionably guilty of having unlawfully burdened LTB as can be seen in the unacceptable perpetual backlog of cases at LTB. The costs of such malfeasance is considerable but that is passed on to taxpayers who underwrite the entire thing! These costs should be paid by the party caught lying.
The tenant should have been penalized to compensate all taxpayers for the costs incurred relating to this case. I actually requested this to be done in our Answer (yes, the one that was not read). But in LTB’s world of academia over common sense, he was
allowed to walk away unscathed, undisclosed, and undeterred. Yes, he had to pay his rental arrears but that was a no-brainer and was fully expected throughout.
There is no question as to where the problem lies here and the bigger problem is indisputably LTB’s refusal to accept these facts that were respectfully submit to them. This is a serious shortfall in integrity that can easily be remedied if LTB will simply address and implement the solutions submitted in this ebook.
A handful of small tweaks is all that is really needed to at least put this all on solid footing and I can assure you that the perpetual backlog of cases will literally disappear immediately when these simple common sense adjustments are implemented.
This dysfunction simply cannot be allowed to go unaddressed and unabated. I’m prepared to come out of retirement to help LTB by spearheading a mission to demolish the backlog and caseload and restore integrity to the legal process for which LTB is supposed to stand, but I need your help and support as LTB is not willing to simply listen. Together though, we everyday patriotic Canadians can make them listen.
Together, I will confront these two vexatious litigants (lawyers and renters abusing landlords by using LTB as their weapon) such as this shadow legal adviser. I don’t ever take stupidity personally and I don’t care about this wilful idiot of a tenant. Educated stupid is still stupid in my books and I have no time for stupid!
It may require a substantial amount of money to achieve success here depending on how rigid and resistant LTB chooses to be. We may eventually have to sue LTB and/or Province of Ontario and we’ll definitely have to defend against a flurry of more frivolous law suits. (The shadow legal counsel in this matter had already been caught in four false Criminal Prosecutions).
I am publishing these ebooks not for my benefit but solely to educate and mobilize my fellow patriotic Canadians and to underwrite the costs required to fix this very broken system solely through the sale of these ebooks. All proceeds go toward this legal fund.
You have already helped immensely by reading LTB Unfair, Unjust and UnCanadian here on simplycharles.com (step #1) and I would ask you to consider getting a copy of Justice Refused as well, and then, and this is key, once you’ve read them (step #2), spread the word (step #3) as broadly as possible to all your contacts to get their copy and read it, and then support this initiative by spreading the word.
That’s all I’m asking you my fellow Canadians to do. One would think this would go viral but it is important to realize that recently in America there is just a negligible threshold between democracy and dictatorship.
The 1, 2 and 3 of it (buy, read, and spread the word) is all you will ever be asked to to. Together we landlords and concerned patriotic citizens can fix this!
…. Charles
THE GOAL IS TO RAISE $500,000.00 TO FIX THIS
Legal Defence Fund plus establish consumer protection agency
A. Having 25,000 Canadian Patriots invest in and read their copy of this ebook: “LTB . . . Unfair, Unjust & Un-Canadian” @ $20 and after reading it simply spread the word; OR
B. Have that same 25,000 Canadian Patriots invest in both “LTB . . . Unfair, Unjust & Un-Canadian” and “Justice Refused” reducing the number of supporters needed to 12,500; OR
C. Have 5,000 Canadian Patriots join our “Founder’s Club” investing $100, receiving both these ebooks and all future ebooks in this series without further investment. Founders will also be identified in each ebook and they are a landlord being exploited FREE advice on dealing with their situation;
