2074359 Acknowledgement Notice of Cancellation of Rent Attornment

 

This document was attached to the same document that we received yesterday.  As that document is already on this blog at least once, I have left it off of this posting.                                                            

Appledale Has Left 1010 Dundas Open To Possible Interference With Our Hydro

Why would a property management company of good ethics leave a property in such a sad state of affairs where our main park electrical panel is left wide open for possible sabotage?  I understand that Appledale Property Management has withdrawn their services from 1010 Dundas but should they not be still held liable if there is a problem with our power services within the park when they leave the electrical panel wide open as shown in the attached photos?

One further question why would they take all of their locks back except one?  Is there any significance to this one lock being left on the panel box?

Why is it that 1010 Dundas seems to continuously attract characters and businesses of ill raport?

Does Pat Campagna know that 2074359 Ontario Ltd. Is Listed As A Dissolved Corporation

http://www.ontario.ca/ontprodconsume/groups/content/@gopsp/@ontgazette/@gazettes/documents/document/ont06_018687.pdf

Lists of dissolved corporations can be found at the above noted pdf file put out by the Ontario Gazette and 2074359 Ontario Ltd. is listed as dissolved effective Mar 31/09

Does Pat Campagna the mortgagee understand his rights under the Business Corporations Act?
I have quoted the following text from http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90b16_e.htm#BK226

238.  (1)  For the purpose of bringing the dissolution authorized under clause 237 (a) or (b) into effect, articles of dissolution shall follow the prescribed form and shall set out,

(a) the name of the corporation;

(b) that its dissolution has been duly authorized under clause 237 (a) or (b);

(c) that it has no debts, obligations or liabilities or its debts, obligations or liabilities have been duly provided for in accordance with subsection (3) or its creditors or other persons having interests in its debts, obligations or liabilities consent to its dissolution;

(d) that after satisfying the interests of creditors in all its debts, obligations and liabilities, if any, it has no property to distribute among its shareholders or that it has distributed its remaining property rateably among its shareholders according to their rights and interests in the corporation or in accordance with subsection (4) where applicable; and

(e) that there are no proceedings pending in any court against it.  (f) Repealed: 1994, c. 27, s. 71 (25)

Idem

(3)  A corporation shall not restate its articles under section 173 unless the articles of the corporation are in conformity with this Act and, where the articles have been deemed to be amended under subsection (1), the corporation has amended the express terms of the provisions in its articles in accordance with subsection (2). R.S.O. 1990, c. B.16, s. 277 (3)

 I have not found any proof that 2074359 Ontario Ltd. has been revived but I have here a quote that shows that 2074359 Ontario Ltd. could possibly have been revived as a corporation.

Revival

(5)  Where a corporation is dissolved under subsection (4) or any predecessor of it, the Director on the application of any interested person, may, in his or her discretion, on the terms and conditions that the Director sees fit to impose, revive the corporation; upon revival, the corporation, subject to the terms and conditions imposed by the Director and to the rights, if any, acquired by any person during the period of dissolution, shall be deemed for all purposes to have never been dissolved. 1999, c. 12, Sched. F, s. 9.

Does the Region Understand There Own Forecasts??

This was found at page 13 of http://www2.whitby.ca/asset/cs-report_PL45-08-mar312008.pdf

If the persons per unit levels are forecast to decline from 3.02 in 2006, why would the Town of Whitby even still be considering this application by 2074359 Ontario Ltd.  Does the Town not care about it's history and elderly residents who will be displaced by this application in an attempt to Intensify the population when in fact the PPU levels will be dropping.

Developers Dream of What will replace the trailer park

This image can be found on page 17 of http://www2.whitby.ca/asset/pl-community_publicworkshoppresentation-may062009.pdf

On the next page you will find this quote(pg 18)
Whitby’s Intensification Strategy will:
1. Look at the big picture.
2. Articulate where and how intensification should be
accommodated in Whitby.
3. Set the policy context against which all individual projects will
be evaluated, so that decisions aren’t made on an ad hoc,
piecemeal basis

I am sorry it appears to me as though the statement "so that decisions aren't made on an ad hoc, piecemeal basis" is false and misleading.  If you drive a little further west on Hwy #2 from the trailer park, you will find a couple large vacant properties for sale or just vacant.  Why are these properties not being investigated for this kind of development without having to displace the tenants from a property which dates back to before most of us were even born.

On page 33 you can find this statement Establishes intensification target for Whitby: 􀂃 11,963 units between 2015 and 2031 (approx. 45% of res. growth).  So is our history going to be wiped out to acomodate some future target at least 5 years if not 16 years before the deadline for that target?

Whitby Trailer Park Dates Back to At Least 1940

This picture can be found at

http://ourontario.ca/Whitby/results.asp?q=1010+dundas&st=kw

If this does not count towards a landmark or heritage site, then I do not know what else would constitute a landmark or heritage site.  I have heard that the park was used to shelter the military soldiers back in the war and also workers at an ammunition production centre.

Some of my neighbors in the park here have lived here 30 and 40 years.  I took down a Manitoba Maple tree in my yard this past summer and 1 lady commented on how she remembers the day that tree was planted.  She is very grateful to see it gone though as it had been allowed to grow out of control and would litter her yard with maple keys every year.  You can see the size of this maple tree in the second picture with this post.

Appledale Withdraws Rent Attornment

It appears that 2074359 Ontario Inc. is now back in control of 1010 Dundas

2074359 Ontario Inc. Appears to be a Cancelled Corporation According to Ontario Gazette

I have just discovered within the Ontario Gazette as can be viewed http://www.ontario.ca/ontprodconsume/groups/content/@gopsp/@ontgazette/@gazettes/documents/document/ont06_018687.pdf that 2074359 Ontario Inc is listed under the certificates of incorporation set out hereunder
have been cancelled and corporation(s) have been dissolved effective 2009-03-31.

Can anyone comment further as to the validity of this corporation?

It appears to me that 2074359 Ontario Inc is a dissolved corporation and as such we should not be paying our rent to them but rather applying to pay our rent into the landlord and tenant board until such time as we receive proper documentation as to the owner of our property. Is this state of dissolution the reason why our property is not being maintained? Can anyone comment as to the validity of naming the mortgagee Pat Campagna in any and all current and future litigation?

Mortgagee address on Town Application

I wish to inquire whether anyone has looked into PL-123-08 as to whether the mortgagee is listed on the application. Have you investigated that and if you have, could you please forward me the address and name of mortgagee as listed on this property application?

http://www2.whitby.ca/asset/pl-application_officialplanamendment.pdf
2.5 Are there any mortgagees, holders of charges or other encumbrances? ÿ Yes ÿ No
If Yes, please list the names and addresses of the mortgagees, holders of charges or other encumbrances

Question for our Elected Members of Parliament and/or Council

Presently the residents of 1010 Dundas are of the belief whether or not it is accurate that "Whitby town council will be approving the application before them from 2074359 Ontario Inc.".

http://www.town.whitby.on.ca/index.php?Q=262K01V01
The Council is composed of eight members. The Mayor and three Regional Councillors are elected at large. The four remaining Councillors are elected by Ward. Decisions of Council require support from a majority of the members present at a meeting, but in certain cases, the consent of two-thirds (2/3) of all members of Council is required. Council must have at least five (5) members present to conduct its business.

Will these elected individuals turn a blind eye to their electorate and vote in a majority vote in favour of an application from a corporation which is in default on their mortgage? If 2074359 Ontario Inc. has defaulted on their mortgage, fell behind on both water and hydro bills and totally disregarded the landlord tenant tribunal orders, ESA orders what chance do you our elected officials honestly believe there is that they can successfully build this grand dream that has been put before you in their application? Lets set aside all the hostility that the residents of 1010 Dundas have towards the owners of our property and look solely at the track record that 2074359 Ontario Inc has with numerous levels of government.

Why are we left in the dark as to where this application stands. I am on a supposed mailing list with the town for any developments on the application and as of this very moment I have not received one single email from the town about this application. Instead I have to rely on heresay to draw my own conclusions on what is happening with this application.

Who will stand up for the people who have elected our council and tell the people what the town intends to do with this application?

Tennants Association Evict the Landlord???

http://www.ontariotenants.ca/law/law.phtml

To have any rights you must first know what your rights are and then to stand up for those rights. It is a lot easier for tenants as a group to get information on their rights and share it, than for each individual to try to get that information separately. It is your legal right to be a member of a tenants' association and to organize one in your building. The landlord's company can face a fine of up to $100,000 under the Residential Tenancies Act, Section 238 if they harass you for being a member of an association, or interfere with you trying to organize one. Individuals such as the superintendent can face fines under this section as high as $25,000. If this happens you will want to contact the government's Investigation
and Enforcement Unit.

Here at 1010 Dundas St we have a tennants association with a lawyer. Will our tennants association and our lawyer be considering a multi tennant application to the landlord tennant tribunal to pay our rent in to the tribunal? We can also file with the landlord tennant tribunal a request to shorten the time for a hearing and they WILL definitely look favorable upon such an application with the notice from the Electrical Safety Authority. The investigational enforcement unit has received this notice from the Electrical Safety Authority and have recommended a multi tennant application of a T2 and T6 to the landlord tennant tribunal.

The landlord can evict you for the following grounds:

Nonpayment of rent on the day it is due. The landlord can give you a Notice of Termination, but it can not take effect until the 14th day after the notice is given, (or only 7 days if you pay your rent on a daily or weekly basis). This notice must include the fact that this termination can be avoided by paying the amount due before the date it is to take effect.
If you are a tenant in subsidized or public housing and provide false information on your income or the incomes of those living with you, or changes to those incomes as per Section 60;
If you do illegal acts or allow someone to do illegal acts on the grounds or anywhere in the building. Section 61 says this is the case if you commit such act. It does not state that it is necessary for you or the other person(s) to have been found guilty in a criminal court, so if this follows the protocols of the previous law then it is likely it only has to be proven to the satisfaction of an adjudicator of the Landlord and Tenant Board;
Section 62 on damage says if you, other residents of your unit or your guests wilfully or negligently causes undue damage to your apartment, the building or property you can be evicted. The notice of termination of your lease must state how you can remedy the situation and thereby prevent the eviction; Section 63 may also apply;
If you, other residents of your unit or your guest "substantially interferes" with the reasonable enjoyment of the building for other tenants as per Section 64 or in the case of a building with 3 units or less where the landlord also resides under Section 65;
If you, other residents of your unit or your guest impair the safety of any person in the residential complex as per Section 66;
If the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law, under Section 67, on overcrowding;
Animals can be a reason for eviction if the Landlord and Tenant Board is convinced that the tenant is keeping an animal and that the animal(s) is substantially interfering with the reasonable enjoyment of the premises, causes allergic reactions, or is inherently dangerous to safety.

There are other grounds for eviction, such as if the landlord personally needs the apartment to live in, if they are demolishing the building, converting the building (such as to a condominium) or doing such major repairs or renovations that they need your unit vacated. As unscrupulous landlords could falsely use these other situations as an excuse for eviction, contact your legal advisor or legal clinic immediately, and if you are certain they are in violation of the law the Investigation and Enforcement Unit, at 416-585-7214, or outside of the 416 calling area, toll free at 1-888-772-9277. See Sections 72 through 75 in Part V of the Residential Tenancies Act and it might be an idea to read all of this part of
the Act

If I do a criminal or illegal act the landlord has the right to evict me. WHO HAS THE RIGHT TO EVICT THE LANDLORD for committing their illegal acts and general negligence? If I interfere with the reasonable enjoyment of the property, the landlord has the right to evict me. WHO HAS THE RIGHT TO EVICT THE LANDLORD for interfering with the reasonable enjoyment of our homes without fear of losing power and heat as without power, our furnaces will not heat our homes. If I impair the safety of any person in the residential complex, the landlord has the right to evict me. WHO HAS THE RIGHT TO EVICT THE LANDLORD for impairing the safety of everyone who lives at 1010 Dundas?

Some landlords may ask tenants to sign an agreement for an increase in rent to replace faulty refrigerators or stoves. Remember that if your apartment came with these appliances, it is the landlord's responsibility to make sure you have working ones; the landlord does not have to provide you with new appliances, only working ones. So don't offer to pay extra for what is the landlord's responsibility to provide!

If the landlord has the responsibility to provide working appliances, should one not be able to infer that the landlord also has to supply SAFE and continuous supply of power to our homes?

If the landlord or their employee(s) are harassing or threatening me, what should I do?

A19: You should immediately contact the Investigation and Enforcement Unit (IEU) of the Ministry of Municipal Affairs and Housing (it is separate from the Landlord and Tenant Board) at 1-888-772-9277 or 416-585-7214, your lawyer or community legal clinic.

Please find attached a notice of intent from 2074359 Ontario Inc and also a notice from the Electrical Safety Authority. Both notices seem harassing and threatening to the residents of 1010 Dundas and as such are being sent into the Investigation and Enforcement Unit of the Ministry of Municipal Affairs and Housing. Please realize that we are dealing with elderly, emotionally mentally and physically impaired residents within the trailer park at 1010 Dundas.

Thank you for the garbage removal

I have provided the two gentlemen who were here to load the dumpster for Appledale, a shovel rake and ice pick to assist them in their efforts to clean up the garbage. I firmly believe that anyone who would complain about a problem and not try to help in the resolution of the problem is simply adding to the problem and that is why I have helped provide the much needed tools to get the job done. As can be witnessed in sspx0043.jpg the garbage has been removed and cleaned up with good success.

Now lets hope that Appledale can deal with the Electrical Safety Authority to reach a similar successful resolution.

Electrical Safety Authority Notice URGENT ATTENTION NEEDED

Please find attached hereto a notice that has just been hand delivered to every trailer in our park. Effective February 12, 2010 they will be shutting off our hydro if there is no action taken. WILL WE BE HOMELESS IN TWO WEEKS?

This is also being sent into the landlord tennant tribunal investigators for their immediate attention.

Landlord says they will do nothing to prevent rodents

Appledale our new property management company has said that they will do nothing with our garbage situation; because, it is caused by the tenants. I agree that this situation has been caused by the tenants but at the same time the property management company has done nothing to provide assistance to the people of 1010 dundas to be able to deal with the garbage in a more appropriate manner. The former owner of this trailer park Mario Derocchis would at least rent a van every so often and hire someone within the park to help him load the garbage and haul it off to the dump. City run dumps charge approximately $100 per metric tonne and I am aware of at least one private dump which only charges $75 per ton. This park is already overrun with stray cats, field mice and alot of squirrels and a couple residents of this park are claiming to have seen a rat at the garbage pile. If this were a restaurant, the city or region would be forced to close it down for health concerns upon seeing a rat. During the garbage strike in Toronto, it didn't even take more than a couple of weeks and there were rats at the temporary dump sites that were created within city parks. So what makes anyone believe that rats will not be drawn to the garbage pile within our park and what gives the landlord the RIGHT to refuse to deal with garbage a vital service listed with the landlord tennant board of Ontario.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06r17_e.htm

“Rules” means the rules of practice and procedure made by the Board under section 176 of this Act and section 25.1 of the Statutory Powers Procedure Act; (“règles”)

“services and facilities” includes,

(a) furniture, appliances and furnishings,

(b) parking and related facilities,

(c) laundry facilities,

(d) elevator facilities,

(e) common recreational facilities,

(f) garbage facilities and related services,

(g) cleaning and maintenance services,

(h) storage facilities,

(i) intercom systems,

(j) cable television facilities,

(k) heating facilities and services,

(l) air-conditioning facilities,

(m) utilities and related services, and

(n) security services and facilities; (“services et installations”)

Garbage removal is an issue once again

Does everyone remember February 22, 2008? This an ongoing problem with garbage in the trailer park and yes, it has hit the newspaper before almost exactly 2 years ago as witnessed at http://www.photosdurhamregion.com/gallery/picture.php?gallery=1&pic=23556

Is our water safe according to Ontario Provincial Procedures to Govern Separation of Sewers and Watermains?

Is our water safe according to Ontario Provincial Procedures to Govern Separation of Sewers and Watermains? Please find the procedures for yourself at http://www.ene.gov.on.ca/envision/gp/F-6-1.pdf

In this trailer park, our water and sewer lines arrive at our individual trailers within inches of each other if not immediately touching each other. Numerous plumbers have stated that there are breaks in the main water supply lines within the park and no one individual can actually show where the water supply lines run. Plumbers have stated that a main water supply break is adequately fixed or rectified by being covered over with a piece of hose and affixed with hose clamps. If the watersupply lines are leaking, an intelligent individual would also infer that the sewer lines could also be leaking out contaminated water. Can anyone individual testify that our water is indeed secure from such contamination and is indeed clean and potable water?

· Sewers/sewage works¹ and watermains located parallel to each other should be constructed in separate trenches maintaining a minimum clear horizontal separation distance of 2.5 metres.

· It is recognized by the Ministry of Environment and Energy that health hazards may develop through relative locations of watermains and sewers. Adequate protection must be provided to prevent the occurrence of waterborne disease and chemical poisoning due to contaminated ground water and surface runoff entering the water distribution system.

UNACCEPTABLE INSTALLATIONS

· No watermain or service line shall pass through or come into contact with any part of a sewer, sewer manhole and/or septic tank and tile field or similar sources of contamination.

Does anyone individual know where all prior septic tanks and tile fields were on this property? Will our RIGHTS to potable water free from contamination be upheld or are we all going to have deal individually on any possible health related legal matters?

http://www.region.durham.on.ca/works.asp?nr=/departments/works/faq.htm&setFooter=/includes/worksFooter.inc#21

How deep is the water service to my house?

The depth of the service varies. The minimum is a depth of 1.8 metres, which protects the service from freezing.

I want to dig some fence post holes in my yard. Will the Region locate my water service for free?

Yes. The Region will locate your water service at no charge. Phone the Regional Works Department Depot serving your area to make an appointment before you dig.

If the region will locate an individual water service at no charge, would the region be a resource for the park to address in resolving our water problems?

There have been suggestions that our waterlines may have possibly been frozen during the bitter cold snap that we have all had to endure. 1.8metres is the depth at which the region installs their water service, has anyone considered whether or not the park waterlines have been installed at such a depth? It is a common misconception that frost and freezing lines can be avoided at a depth of 3 feet.

Possible boycott on rent payments to attract the attention that is required

It has come to my attention that the park may possibly be installing a water meter to one individual trailer that is receiving blame for running their water and preventing the water from getting through to another trailer. If this indeed does happen, I shall be recommending that the park lawyer look into the following right of the tennants to not pay their rent; because, we have not been issued "park rules" especially in regards to water usage.

Further take notice that the landlord has not lived up to their responsibilities in maintaining the park as outlined in previous emails and is further evident upon driving through the park and almost bottoming your car out in our potholes.

If I as an individual can obtain all of the necessary materials to support our case and provide it with links to where that information comes from, I do not understand why I am still feeling as though this park is falling through the cracks and loopholes of society that we all live in. If you were to live just 1 week within the confines of this park, you would understand the shortcomings and neglect that this park has had to deal with for years. Please do not simply turn a blind eye our way, we do have RIGHTS and eventually someone will stand up for our rights. The people of this park do have a lawyer and like any other citizen in this great country of ours, we will have our day in court if there is no other way to re-instate our rights.

http://www.ltb.gov.on.ca/en/Key_Information/158000.html

Rights and responsibilities

Park rules

If a landlord of a mobile home park or land lease community has made park rules, they must give a written copy of those rules to each tenant. The landlord must also notify each tenant in writing of any changes to the park rules.

If a landlord doesn’t give a tenant a copy of the park rules or inform them in writing of any changes, then the tenant can refuse to pay their rent until the landlord gives them the information. However, once the landlord gives the information to the tenant, the tenant must pay back any rent that they withheld. If they don’t, the landlord can give the tenant a notice to end the tenancy for non-payment of rent.

Maintenance and repair

All of the rules about maintenance and repair which apply to other tenants and landlords also apply to mobile home parks and land lease communities. These rules are explained in the Board’s brochure, Maintenance and Repairs.

In a mobile home park or land lease community, the landlord has these additional responsibilities:

• removing or disposing of garbage or ensuring that arrangements are made to remove or dispose of garbage on a regular basis,
• maintaining roads in the park or community in a good state of repair,
• removing snow from the roads,
• maintaining the water supply, sewage disposal, fuel, drainage and electrical systems of the park or community in a good state of repair,
• maintaining the grounds and all buildings, structures, enclosures and equipment that are intended for the common use of tenants in a good state of repair,
• repairing any damage to a tenant’s property (including the mobile home) that was deliberately caused by the landlord or resulted from the landlord’s neglect.

Thank You for your assistance

Thank you Joe Drumm for meeting and discussing relevant materials. Thank you Kyle Carmagon for your correspondence. And an extra BIG THANK YOU to the Toronto Star for your invitation to discuss these matters further for a possible upcoming story.

I have attached to this email a select 5 photos taken today to outline further Safety infractions within the park. Please feel free to deal with the attached photos; however, you see fit.

To those people who are unaware the TSSA is the Technical Standards& Safety Authority. We all should remember the TSSA involvement in the major Toronto Propane Explosion of August 10, 2008 that shut down a major portion of the city around Keele St and the 401. You can find the TSSA on the web at http://www.tssa.org/home/default.asp

The Electrical Safety Authority can be found on the web at http://www.esainspection.net/

If anyone requires further discussion to the notes on these 5 photos, please do not hesitate to contact me via email.

Residents Not Being Adequately Served

I am a concerned resident in the Whitby trailer park. Our concerns seem to be passed from one government authority to the next with no results. And this has been the case for the couple years that I have lived in this trailer park.

The trailer park is possibly going to be shut down with a years notice to residents who primarily own their own trailers, as the owner has a building application before the city. Problem is that the owner of the property has defaulted on his mortgage and the property is presently being run by a property management company hired by the mortgagee. The residents of this park are being left in the dark over many issues of this park(2 days before Christmas this was literally the case with approximately 20 trailers not having power for approximately 18 hours)

I have concerns over the repair that I have heard was only temporary to get us through Christmas to the electrical panel supplying power to the park. To get power back to the 20 trailers, I have heard that a 400 amp fuse was installed in a 250 amp fuse block. If this isn't wrong enough, less than 10 feet away is a 100 pound propane tank that has been installed by a non-licensed individual and the park has extensive water issues.

I have just finished calling the local fire department and was told that they have reported the propane tank to the TSSA and that I should call ESA about the hydro. Well I have called ESA and been informed that the individual who will possibly be looking into this is on time off and may look into it tomorrow. Why should my family's lives be put in jeopardy over someone on time off, a fire official who has no jurisdiction and an individual resident who chooses to copy cat my own propane installation without seeking out proper documentation or installation. Yes, I am concerned; because, I had to have a licensed installer not only install a new switchover regulator but also apply a safety certificate before I could use my propane or I would face a hefty fine.

In the park we still have residents without proper running water and they have been dealing with the property management company and the city by-law officers for approximately 1 month now. In fact there is not even a fire hydrant within the park, the closest fire hydrant is across a major 4 lane highway. If there were a fire in this trailer park due to electrical standards not being maintained or whatever other possible reason what chance of putting out a fire is there?? In my opinion, NONE.

I hope that you will consider looking into this matter for over 60 trailers and 3 houses that are kept in various states of disrepair. I feel that NO ONE else is taking our concerns/lives seriously.

Thank you,