Whitby Trailer Park Breaking Whitby Bylaw 856-79

This By-law may be cited as Property Standards By-law.

Bylaw 856-79 states that "No owner of property shall maintain or permit to be maintained, occupy or permit to be occupied, use or permit the use of, rent or offer to rent any property which does not comply with the provisions and regulations set forth in Schedule 'A' and any property which does not comply, shall be repaired and maintained to comply with the standards set out in schedule 'A' or the site thereof shall be cleared of all buildings, structures, debris and left in a graded and level condition."

No machinery, vehicle, or other chattels, including a boat, trailer or mobile home or parts thereof, which are in a wrecked, discarded, dismantled or partially dismantled or abandoned condition, shall be stored or allowed to remain in any yard except on non-residential properties where such machinery, vehicle or other chattels are required and used for a lawful business purpose.

Trailers number 2, 8 and 36 at a minimum are now left in a discarded or abandoned condition, in my opinion.

Electricity Act, 1998

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_98e15_e.htm

Identification

(7)  A person exercising a power of entry under this section must on request display or produce proper identification. 1998, c. 15, Sched. A, s. 40 (7).

Notice, compensation, etc.

(8)  If a person exercises a power of entry under this section, the person shall,

(a) provide reasonable notice of the entry to the occupier of the property;

(b) in so far as is practicable, restore the property to its original condition; and

(c) provide compensation for any damages caused by the entry. 1998, c. 15, Sched. A, s. 40 (8).

Appointment of persons to inspect and test

(8)  The Authority may appoint persons, associations or organizations having, in the opinion of the Authority, special knowledge and facilities to inspect, test and report on any works, matters and things mentioned in subsection (1). 2006, c. 34, s. 12 (2).

Prohibition on holding out

(9)  No person shall hold themself out as a person who has been appointed under subsection (8) if the person has not been so appointed. 2006, c. 34, s. 12 (2).

Is 2074359 Ontario Ltd holding themselves out as a person who has been appointed under subsection (8)?  The notice that we received today implies that 2074359 Ontario Ltd has the authority to conduct an electrical audit on each trailer.

Ontario Trespass Act Recognizes Occupiers RIGHTS

http://www.canadalegal.com/gosite.asp?s=1900

Trespass an offence

2.  (1)  Every person who is not acting under a right or authority conferred by law and who,

(a) without the express permission of the occupier, the proof of which rests on the defendant,

(i) enters on premises when entry is prohibited under this Act, or

(ii) engages in an activity on premises when the activity is prohibited under this Act; or

(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,

is guilty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1990, c. T.21, s. 2 (1).

Notice applicable to part of premises

8.  A notice or permission under this Act may be given in respect of any part of the premises of an occupier. R.S.O. 1990, c. T.21, s. 8.

According to this definition and the proof of the letter received today, charges of Trespassing may be sought for the invasion of personal property as occurred on Sunday February 25, 2010.  It will DEFINITELY be sought for any possible attempt to gain access according to the notice received today.

Human Rights Act of Ontario

Harassment in accommodation

(2)  Every person who occupies accommodation has a right to freedom from harassment by the landlord or agent of the landlord or by an occupant of the same building because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, marital status, family status, disability or the receipt of public assistance. R.S.O. 1990, c. H.19, s. 2 (2); 1999, c. 6, s. 28 (3); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (3)

According to the human rights act of Ontario, I have the RIGHT to be free from harassment by the landlord or in 2074359 Ontario Ltd's case, or an agent of the landlord.

Reprisals

8.  Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing. R.S.O. 1990, c. H.19, s. 8.

Infringement prohibited

9.  No person shall infringe or do, directly or indirectly, anything that infringes a right under this Part. R.S.O. 1990, c. H.19, s. 9.

Looks like I have the right to launch an application with the Human Rights Tribunal of Ontario and prevent 2074359 Ontario Ltd from entering my private dwelling to conduct an audit on our trailer's electrical usage.

Orders of Tribunal: applications under s. 35

45.3  (1)  If, on an application under section 35, the Tribunal determines that any one or more of the parties to the application have infringed a right under Part I, the Tribunal may make an order directing any party to the application to do anything that, in the opinion of the Tribunal, the party ought to do to promote compliance with this Act. 2006, c. 30, s. 5.

Same

(2)  For greater certainty, an order under subsection (1) may direct a person to do anything with respect to future practices. 2006, c. 30, s. 5.

Notice Received from 2074359 Ontario Ltd

Notice how 2074359 Ontario Ltd is fully admitting that they are not responsible from the load side of the fuse box on the hydro pole.  If they are not responsible for the wire feeding our trailer or the wiring within our trailer, why would they need access to our trailer? Again it appears that 2074359 Ontario Ltd is attempting to skirt and redirect the problem away from them and onto the individual trailer owners. 

ESA definition of a mobile home

Mobile Home - a portable dwelling that is constructed to be towed on its own chassis, is designed for use without a permanent foundation, on a temporary or permanent basis, and has provision for connection to a supply service

No where in this definition or anywhere in the fee guide, do I see that a mobile home is limited to 20A of hydro.  In fact, I clearly see that a mobile home is able to have greater than 20A of hydro.  So why is the notice that we are receiving from 2074359 Ontario Ltd and the phone call that I had with an ESA inspector implying that we are only entitled to 20A of hydro. 

Do I need to use the freedom of information act to obtain a copy of our telephone call?  It sounds like the ESA inspector was informing me of my rights within the parameters as 2074359 Ontario Ltd wishes me to understand them and not according to THE CODE.

Notice to the ESA inspector regarding our telephone conversation Monday

You stated that a trailer in a trailer park is limited to 20A of hydro and you informed me to review the code.  Possibly it is yourself who should review the code as according to your own fee schedule there is potential for a trailer park to have greater than 20A of hydro as per pg 13 of http://www.esasafe.com/pdf/electrical_inspection_fee_schedule.pdf

For Trailer Park or Dock Pedestal >20 amps, please refer to Section 5.4.1 for pricing.

I DO NOT appreciate anyone insulting my intelligence.  As I stated in our phone call, it does not make sense that our trailer home would have an electrical panel with 6 individual circuits of 15A each and that our trailer would be limited to 20A total.  Furthermore the supply wire running to our trailer is rated for 200A

ESA fee to inspect a mobile home

In looking into our electrical rights and responsibilities, I have discovered that it would cost $112.00 to have an individual mobile home inspected to see if everything in your mobile is up to code.http://www.esasafe.com/pdf/electrical_inspection_fee_schedule.pdf

This fee can be found on page 9 of the 26 page document.

Miracles do happen

This morning at 6:06 we had a snow plow pull into the park to do some plowing.  It is the same company as plowed the park last year, White Knight.

Proof of ESA's right to disconnect hydro

On page 12 of http://www.esasafe.com/pdf/ontario_amendments_canadian_electrical_code_part_1_c22.1.pdf which is a 122 page pdf file you will find

(5) Where a contractor or person refuses or neglects to comply with a notice given
under Subrules (1) or (2), or the owner or occupant of lands, buildings or
premises refuses or neglects to comply with a notice given under Subrule (3), the
inspection department may disconnect the supply, or require the supply authority
to disconnect the supply of electrical power or energy to the lands, buildings or
premises in which is contained the electrical installation that was the subject of
the notice.

New ESA disconnect notice received

Notice the new notification number 70051953 replacing the previous notification number 70031886.

This new notice is giving us one months notice that the power will be disconnected on March 23, 2010.  I spoke with the ESA today though and they have indicated that there is a plan in progress to avert this disconnection and that Whitby Hydro was involved in this meeting.  I really do not know what to believe.  A notice received in hand is seemingly more powerful than a telephone call.  I guess the only way to get a concrete resolution to this situation will be to file a form 1362A request for record search, as I was informed by the ESA that this info is available through the freedom of information act.

 

ESA update February 22

I have contacted Christina Montenero of the ESA this morning and she has advised me that she is not able to give me an update of this claim number 70031886.  She is requesting an inspector to call me back today.  I have further discovered on http://www.esasafe.com/pdf/record_search_application.pdf that we can do a request for record search and it would take a couple days to a week to be completed.  The one draw back is that there is a $53 charge for this service and it may or may not be performed before my tribunal hearing date of Mar 3, 2010.  I firmly believe that if the tenants association were to request this information, that it would be available for their court date of Mar. 30, 2010.

Prime sample of the inadquacies provided by 2074359 Ontario Ltd.

In my opinion, this is inadequate!

ESA update

If you call 1-877-372-7233 and check on an existing claim the claim number to enter is 70031886 as outlined in the notice we all received as dated Jan 19, 2010.  You will find that their automated service indicates we are due for disconnection.  I have spoken with a live operator who is not presently able to confirm the date for disconnection.  The live operator has put forth an email to head office to inquire on this date and will be calling to inform me of the date and I will be posting that info to the blog as soon as I have it.  As tenants of 1010 Dundas St we do have the right to be notified of when our power will be disconnected. 

Blog Stats

Well the blog seems to be doing good, it has definitely attracted the attention of the ESA and who knows what other major parties might be privately watching the blog.  This morning, it is anticipated that the blog will exceed 900 page views and I would imagine before this week is over, the blog will surpass 1000 page views.  If you are privately watching this blog, feel free to comment on any of the content and please take the survey to tell me what you think of the case against 2074359 Ontario Ltd.  If anyone wants to direct friends or colleagues to the blog, you can simply tell them to do a google search for 1010 dundas and the blog is on the front page of this google search.

Too Little Too Late

I am wondering if 2074359 Ontario Ltd has brought in gravel to deal with a portion of my T2 application to the Landlord and Tenant Board. In this application I said"Landlord interferes with reasonable enjoyment of our park by not maintaining the roads. The potholes that surface throughout the park and are not adequately dealt with make for a terrible ride through the park and cause undue wear and tear on our vehicle." Then further in the application I am asking the Landlord and Tenant Board for damages and explain as "I will be having an estimate done on my car to calculate the damages done to the suspension and steering components which are directly affected by the potholes in the park. Once this estimate is in place, I will then be able to state the damages that I will be seeking for this issue."

If you wish to see all of the pothole pictures, you can attend the rental tribunal hearing on Mar 3.

It seems that 2074359 Ontario Ltd might possibly be realizing that they are going to have a big fight on their hands March 3.  I will be contacting the Municipal Affairs and Housing Investigational and Enforcement Unit again tomorrow to inquire where things sit from 2074359 Ontario Ltd's perspective regarding the ESA's Electrical matters.  Once I am done with them, I will be contacting the ESA directly to figure out where they stand as it will be the third day after there previously stated date of February 16.    If the power is shut off to the park, it is also in my T2 application seeking $16.07 per day that I go without hydro.  I have taken my monthly rent and divided it by 28 days to get the daily rate.  Has 2074359 Ontario Ltd somehow struck a deal with ESA not to shut the power off until after the court date of March 3?

Expect An ESA Notice This Week

From the inactivity in the park over this holiday weekend, I am assuming that we can expect to receive a notice from the ESA this week outlining when they will be cutting the hydro to 1010 Dundas St. E. I wish to remind everyone that I have a T6 application lying in wait to be filed with the Landlord and Tenant Board once the hydro is officially cut off and that I will accept other parties to this application for a one time fee of $25.00 I am not wanting to start an association, as there is already a tenants association within the park. If for any reason the previously discussed plan of 2074359 Ontario Ltd of reducing our hydro to 15 or 20 amps does come to life, I will be filing a T3 application with the Landlord and Tenant Board for the reduction in our vital hydro service. I will also consider other parties to a possible T3 application with the Landlord and Tenant Board.

For those people who may have been misinformed as to why I have been doing what I have done with this blog, I wish for you to consider this quoted text from the park association lawyer. "My advice would be for you to bring the application to the Tribunal regarding the ESA. You obviously know your stuff and I will continue with trying to get the major repairs ie, new plumbing, repave the roads, etc in the Superior Court application." I have simply been acting on the advice of counsel as to where the tenant's association legal affairs were going and where I should be devoting my efforts. It really is a shame that the association does not recognize who our opponent is and who our allies are. Really, all I have been trying to accomplish is that our RIGHTS be recognized and any matters that go against our RIGHTS be resolved. If we are to fight for a RIGHT, why would we not fight for ALL OUR RIGHTS? If we are to cower within our trailer without standing up and fighting for all of our RIGHTS, we are simply empowering our opponent to walk over our RIGHTS all the more. To fight the opponent is no longer the question as the association is already involved in one legal case with the opponent, it is our RIGHT to stand up for our RIGHTS so lets fight for all of our RIGHTS.

Can anyone out there help me investigate whether 2074359 Ontario Ltd. owes the tenants of 1010 Dundas St. E a rent reduction. I am seeking assistance from anyone out there who can dig up property tax payments for 1010 Dundas St. E. for lets say the last 3 years. If there has been a decrease in property tax, then the tenants can file for a rent reduction in the form of a A4. The part of the A4 application that I would require assistance with has been quoted here.

For example, if the taxes decreased in 2006, the rent reduction set out in the Notice of Rent Reduction would be effective December 31, 2006. The base year for the application would be 2006 and the reference year would be 2005.
On the form, fill in the base year and the reference year for the application and the municipal property taxes for the complex for each period. Include only the actual property and education taxes levied on the complex. Do not include other charges the municipality has levied on the landlord. These charges could include special levies, penalty charges, charges for work carried out by the municipality, user fees, etc. You must attach evidence of the amount of property taxes levied by the municipality for each period. For example, you could attach a copy of the municipal tax bills for each period.

T3 application to be filled out if hydro service is indeed trimmed back to 20 amps

If 2074359 Ontario Ltd. does indeed trim our hydro services back to 15 or 20 amps of service, I will be seeking other tenants to co-apply with me a T3 form with the landlord and tenant board. This T3 form is a Tenant Application
for a Rent Reduction; because, the landlord reduced or discontinued a service or facility.

1. The landlord has reduced or discontinued a service or facility.
Shade this box on the form if you are applying for a rent reduction because you believe your landlord has reduced or discontinued a service or facility.
You can only apply if the service or facility was reduced or discontinued in the last 12 months. Complete the chart on the form by listing each service or facility that has been reduced or discontinued. Indicate whether the service or facility was reduced or discontinued and the date it happened. If you are not sure of the exact date, indicate you are unsure and write in the approximate date. Attach additional sheets if necessary.

This T3 form could possibly also be used for those tenants who experience a change in their overall water supply for extended periods, such as were evident in the park prior to Christmas. The application fee is $45 for the first unit + $5.00 for each additional unit to a maximum of $450.00.

If I prove successful with my LTB case

If I prove successful with my LTB case and 2074359 Ontario Ltd. shall try any further attempt at evicting our family from 1010 Dundas St. E., I will be investigating the following law in Canada regarding Vexatious proceedings

140.(1)Where a judge of the Superior Court of Justice is satisfied, on application, that a person has persistently and without reasonable grounds,
(a) instituted vexatious proceedings in any court; or
(b) conducted a proceeding in any court in a vexatious manner,
the judge may order that,
(c) no further proceeding be instituted by the person in any court; or
(d) a proceeding previously instituted by the person in any court not be continued,
except by leave of a judge of the Superior Court of Justice. R.S.O. 1990, c. C.43, s. 140 (1); 1996, c. 25, s. 9 (17).
(2)Repealed: 1998, c. 18, Sched. B, s. 5 (2).
I believe that this law will clearly apply to our case, if there is any further attempt to evict us as it will clearly be for vexatious purposes so long as our rent is kept current.

Annual Rent Increase Looming in May

Ontario annual rent increase guideline for 2010 set at 2.1%

Do you honestly believe that 2074359 Ontario Ltd. should be entitled to this annual rent increase? Hopefully both of the lawsuits that I am involved in with 2074359 Ontario Ltd will be successful and I will be getting a rent abatement but what about the tenants who are not part of either of these court cases?

Again I have to question whether the residents of 1010 Dundas are being adequately served

As a result of inaction on so many issues, I have wrote to Housing Rights

*

Centre on Housing Rights and Evictions, COHRE
COHRE is an international, non-governmental human rights organisation, based in Geneva Switzerland, committed to ensuring full enjoyment, everywhere, with a particular focus on human right to adequate and housing preventing forced evictions.

to have them look into this blog and they will then act accordingly. It really is a shame that I am forced to this sort of level as a Canadian Citizen in an Ontario Municipality.

The opening sentence of their front page today is "February 11, 2010 COHRE today welcomed the recent landmark decision of the African Commission on Human and Peoples’ Rights, "

Wonder what it will say about the sad state of affairs within Whitby, Ontario Canada, possibly sometime in the future?

Safety Tips for Emergency Lighting and Heating During Power Failures

It seems inevitable that we will lose our power at 1010 Dundas and as such I wish to point everyone to the Official Safety tips from the Fire Marshal's Public Fire Safety Council.
It can be found at http://www.firesafetycouncil.com/english/pubsafet/emerglight.htm

Responsibility of landlord

Responsibility of landlord

161. In addition to a landlord’s obligations under section 20, a landlord is responsible for,

(a) removing or disposing of garbage or ensuring the availability of a means for removing or disposing of garbage in the mobile home park at reasonable intervals;

(b) maintaining mobile home park roads in a good state of repair;

(c) removing snow from mobile home park roads;

(d) maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair;

(e) maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair; and

(f) repairing damage to a tenant’s property, if the damage is caused by the wilful or negligent conduct of the landlord.
2006, c. 17, s. 161.

Does the ESA or anyone else out there believe that the landlord of 1010 Dundas is honestly following part (d) of this section of law? I would like to hear from anyone out there who believes that the landlord is maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile park in a good state of repair.

A Miracle is the operation of a Higher Power Just like 1010 Dundas Needs

A little girl went to her bedroom and pulled a glass jelly jar from its hiding place in the closet. She poured the change out on the floor and counted it carefully. Three times, even The total had to be exactly perfect. No chance here for mistakes. Carefully placing the coins back in the jar and twisting on the cap, she slipped out the back door and made her way 6 blocks to Rexall's Drug Store with the big red Indian Chief sign above the door.
She waited patiently for the pharmacist to give her some attention, but he was too busy at this moment. Tess twisted her feet to make a scuffing noise. Nothing. She cleared her throat with the most disgusting sound she could muster. No good. Finally she took a quarter from her jar and banged it on the glass counter. That did it! 'And what do you want?' the pharmacist asked in an annoyed tone of voice. I'm talking to my brother from Chicago whom I haven't seen in ages,' he said without waiting for a reply to his question. 'Well, I want to talk to you about my brother,' Tess answered back in the same annoyed tone. 'He's really, really sick...and I want to buy a miracle.' 'I beg your pardon?' said the pharmacist. 'His name is Andrew and he has something bad growing inside his head and my Daddy says only a miracle can save him now. So how much does a miracle cost?' 'We don't sell miracles here, little girl. I'm sorry but I can't help you,' the pharmacist said, softening a little. Listen, I have the money to pay for it. If it isn't enough, I will get the rest. Just tell me how much it costs.' The pharmacist's brother was a well dressed man. He stooped down and asked the little girl, 'What kind of a miracle does your brother need?' ' I don't know,' Tess replied with her eyes welling up. I just know he's really sick and Mommy says he needs an operation. But my Daddy can't pay for it, so I want to use my money.' 'How much do you have?' asked the man from Chicago 'One dollar and eleven cents,' Tess answered barely audibly. 'And it's all the money I have, but I can get some more if I need to.''Well, what a coincidence,' smiled the man. 'A dollar and eleven cents---the exact price of a miracle for little brothers. ' He took her money in one hand and with the other hand he grasped her mitten and said 'Take me to where you live. I want to see your brother and meet your parents. Let's see if I have the miracle you need.' That well dressed man was Dr.. Carlton Armstrong, a surgeon, specializing in neuro-surgery. The operation was completed free of charge and it wasn't long until Andrew was home again and doing well. Mom and Dad were happily talking about the chain of events that had led them to this place. 'That surgery,' her Mom whispered. 'was a real miracle. I wonder how much it would have cost?' Tess smiled. She knew exactly how much a miracle cost..one dollar and eleven cents....plus the faith of a little child. In our lives, we never know how many miracles we will need. A miracle is not the suspension of natural law, but the operation of a higher law..

What To Do If ESA Cuts our Hydro

We the tenants of 1010 Dundas Street East have the RIGHT  to hydro.  It is quite clearly documented in the Landlord and Tenant Act that the landlord shall not interfere with the provision of vital services.  We have just had a posting from the ESA that they will be re-examining the possibility of disconnecting our hydro again on February 16, 2010.

This is a long weekend coming up, it is Family Day on Monday which is a government sanctioned Stat Holiday.  Do you believe that anything will change miraculously over a long weekend, I DO NOT believe so.

What can be done to protect the rights of the people of 1010 Dundas Street East?  Well for starters I am including with this posting details of a T6 application that is lying in wait for the power to ultimately be shut down.  Once the power is indeed shut down, this T6 application will be filed with the Landlord and Tenant Board.  This T6 application will be seeking $80,000 compensation for anyone who wishes to add their name to the application.  This $80,000 is determined for a standby generator to provide backup hydro where the park has none.  This hydro service is a vital service and the landlord is required to provide this service until such time as the landlord has an eviction notice for the tenant from the Landlord and Tenant Board.  Until the landlord has approval from the Town of Whitby and the residents have had time to appeal this decision to the Ontario Municipal Board, the Landlord will be required to maintain our vital services, so long as we are paying our rent properly.

Please look over the attached portions of the T6 application that I have already prepared and lying in wait for the ultimate disconnection of hydro for 1010 Dundas Street East.  If you would like a name added to this application please forward such information to this blog site.

ESA in the park today

The ESA is in the park today evaluating what work will potentially be happening.  They seem to be looking at replacing some of the hydro poles but not necessarily all of them.  I asked them if anyone has looked at the fuse inside the main fuse panel and was quite surprised that no one here today has investigated as to what size fuse is in the fuse panel.  The original concern that prompted me to call ESA in to the park was the possibility of a 400 amp fuse inside a 250 amp fuse holder.  To this date, I have yet to receive a call back from the ESA inspector and to this date, I believe that there is probably still a 400 amp fuse inside a 250 amp fuse holder.  People working within this park seem to be unwilling to discuss with very much detail any of the work that is to be carried out within the park.  Does this not sound like the original concern which was "Are the residents of 1010 Dundas being adequately serviced?"  It quite clearly seems to be the intentions of everyone to keep details away from the residents of 1010 Dundas who are the actual victims of these "higher people".  Do we the residents not have a RIGHT to know what is happening?

Readers Appreciation

Hello
Although I am not a resident of the trailer Park my mother is. I would like to say Thank You for being willing to stand up for what is right. Not enough people in the world are willing to do so any more it seems.
She is unable to do anything anymore to fight for her rights, so it's nice to know there is someone there who will fight for the rights of all the tenants.
God Bless You

Served Legal Papers on 2074359 Ontario Ltd.

Yesterday 2074359 Ontario Ltd. was served with papers to attend the LTB on Rossland in Whitby on March 3, 2010 for their feeble attempt at evicting our family from 1010 Dundas Street East.  If you care to see just how feeble their attempt is and how much evidence I have dug up on them, I would encourage you to book time in your day Wednesday Mar 3, 2010 for to attend the hearing.  I am anticipating that 2074359 Ontario Ltd will be CHOKING very hard when I hand them my present evidence package of 25 pages with all of the laws quoted and duly laid out for them and exhibits A-M supporting my case.  I am also including the mortgagee of the property in this case to avoid any possible attempts of 2074359 Ontario Ltd of escaping punishments, as I will if necessary be putting a lien on the property at 1010 Dundas St. East if I am indeed awarded a large payout as is anticipated.  I am seeking just over $70,000 in this case.

I have attached hereto a picture of how three individuals have been served with these papers.

Sorry for the Delay Between Posts Lately

I have been personally served with an eviction notice for may 1, 2010 for my trailer only.  I am waiting to get the papers to serve from the Landlord Tenant Board from the application that I have already made.  In the interim, I have been busy preparing a defense for myself.  I have the defense solidly wrapped up in the first paragraph of my defense; however, I was not prepared to rest with just winning my own case.  I am a fighter now and will be seeking many untold surprises.  Presently my defense is a 23 page document with 14 of those pages being exhibits of supporting documentation that I have.


I have done this work on my own, but I have had a paralegal review it and she claims that I have really done my homework and she asked me where I was when she needed LTB assistance as she deals more with criminal cases and does not know the LTB  as I do now.  In my defense, I am quoting a minimum 19 different sections of the Landlord Tenant Act which 2074359 Ontario Ltd. will be required to address.

F.B Young, B.A. Supervising Electrical Inspector demands 30 amp service back in 1991

Again, I have to question why the current owner of 1010 Dundas is not made to do any actual repair that they have been ordered since as far back as 1991 to do?  Why is it now fair for the onus to be put on the current residents to accept such inferior electrical supply service which is clearly not what was demanded back in 1991?

Consider this as our first step in providing safe electrical conditions for the park???

So where in this document is there any action on the part of 2074359 Ontario Ltd to provide safe electrical conditions for the park?  It appears that they are trying to pass the buck onto the individual trailer owners who for the most part do not have an understanding nor the desire to understand what this all means.  The individual trailer owner will be forced to shut off their fridge or hot water tanks in order to use a small room heater for an extremely cold evening of sitting and watching television.  In the summer while most people are running central air-conditioners the individual trailer owners will be forced not to use their own window air-conditioners as they draw too much power for a 15 or 20 amp circuit when you factor in normal necessary items like alarm clocks, fridge, kettles and toasters etc...

I am working on digging up my next post for the blog about a letter which the park residents received a few years back stating that each trailer should have a minimum of 30 amps of hydro.

I also beg to ask, where in this document is there provision for an individual trailer owner to upgrade the electrical connection from the utility pole to their trailer?  I personally am sitting here with a 600 V piece of wire which is of 12/4 gauge that is more than adequate to run a 30 amp electrical service of 110V.

Town of Whitby Is Being Bullied Just Like Tenants of 1010 Dundas

After attending town council meeting with presentation by Meridian Planning Consultants Inc. I am left with the feeling that the Town of Whitby is being bullied by the Province of Ontario, similar to the bullying of Whitby Trailer Park residents by their present and former landlords.

We are all residents of the Town of Whitby, Province of Ontario in this great land of Canada.  Will the Town of Whitby Council stand up for their RIGHTS, the same as I am trying to stand up for the RIGHTS of the trailer park residents.  It is time to fight together for our mutual RIGHTS.

The Provincial Government is bullying the Region of Durham and the Town of Whitby as seemed very clear to me a member of the audience at tonights presentation by Meridian Planning Consultants Inc.

If the current population of Whitby is approximately 110,000 people and the population growth in a 20 year term between 1986 and 2006 was 12,000 or roughly conservatively put at 12% growth.  How can the province possibly force the Town of Whitby Council to believe that in the next 21 years the population is going to grow almost doubling to 199,145.3 people?  I get the odd total population of 199,145.3 by adding together the present dwellings of 37,260+34,375 new dwelling units and then multiplying by the projected 2.78 people per dwelling unit as outlined at http://www2.whitby.ca/asset/cs-report_PL45-08-mar312008.pdf page 13.

The Town of Whitby Council should consider the page of the presentation "Establishing the Context(cont'd) The appropriate form, type and density of development for each Intensification Area were determined through the consideration of a number of factors: EFFECT OF DEVELOPMENT ON HISTORICAL AND HERITAGE BUILDINGS.  The Whitby trailer park may need an official classification of historical importance.  The Town of Whitby has already lost Cullen Gardens, lets not lose the trailer park which dates back to at least the 1940's or approximately 70 years.  If "The Details 'The Official plan policy framework that should be applied to stable residential neighbourhoods'" is to be taken seriously, just look at the Whitby trailer park and ask yourself if 70 years doesn't imply stable then what does?

For those of you who may be unaware what I mean by the tenants of 1010 Dundas being bullied, feel free to read up on our situation at http://1010dundas.blogspot.com

Thank you,

Maybe I have the attention of the town of Whitby

I have received this invitation to attend their meeting tonight.  Maybe the squeaky wheel does indeed get the grease.

Offering my services to assist fellow tenants with LTB applications

Do you feel overwhelmed with LTB issues and feel that my knowledge of the LTB might be helpful?  I am willing to act as an agent for any LTB issues whether that be for a landlord or a tenant.  I will answer any comments placed on this blog requesting assistance.  Once I have resolved the present matters regarding 1010 Dundas, I will then be opening a web site for LTB agent services and will have more concrete methods of contact available at that time.

Supporting tenant LTB law sections all in one spot

http://www.ontariotenants.ca/law/act03.phtml

Landlord’s responsibility re services

21. (1) A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed, withhold the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food.  2006, c. 17, s. 21 (1)

Non-payment

(2) For the purposes of subsection (1), a landlord shall be deemed to have withheld the reasonable supply of a vital service, care service or food if the landlord is obligated to pay another person for the vital service, care service or food, the landlord fails to pay the required amount and, as a result of the non-payment, the other person withholds the reasonable supply of the vital service, care service or food.  2006, c. 17, s. 21 (2).

Landlord not to interfere with reasonable enjoyment

22. A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household.  2006, c. 17, s. 22.

Landlord not to harass, etc.

23. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant.  2006, c. 17, s. 23

Anyone wishing to file their own LTB applications would be well advised to quote the sections listed above to help them fight 2074359 Ontario Ltd.