Parking Lot Safety Issue

This light seems to work intermittently or is it motion sensored and blocked by the trees surrounding it.  Is this the kind of light that we really want to illuminate the visitor parking lot of our residence?

This is that same light in working condition.  Take note of how close the trees are to this light.  Again I must ask if this light is motion sensored, why are the trees allowed to block the motion sensors?  If this light is not motion sensored, there must be a problem with the electrical servicing it.  Either way, it appears to be a problem that needs to be addressed.

How Lame Is This

Did the Town of Whitby Planning Department go out for dinner with our landlord?  It has come to my attention that our landlord may have borrowed money from a tenant who like myself will be ultimately facing eviction, to take the planning department out for dinner.  If this is indeed true as I am hearing it, could anyone explain to me why our landlord is avoiding this businessman tenant?

Sounds to me like some kind of last supper before the untimely death of our homes.  Just like in the Bible though, we will rise again.  We will not accept this kind of behavior from anyone.  We may not have the legal education of some, but we as tenants are able to obtain government funded legal advice and we are learning as we go.  I hope for everyone's sake that what I have heard is indeed false, or the legal ramifications will be quite steep.

Town By-Law Infractions To Benefit Owner

I would like to question why the Town By-Law regarding abandoned/discarded trailers on a property is being overlooked and could possibly be financially beneficial to the owner of 1010 Dundas St. E. to the sum of $120,000?  We have at least 6 trailers within this park that are not being lived in and are seemingly owned by the owner of the land now and when there is financial compensation in the form of a levy credit in the range of $20,000 per unit, it appears that the Town is going to be indirectly compensating the owner of 1010 Dundas St. E. for failing to comply with the Town By-Law.

Town Council Awards Tenants A Reprieve

Town Council effectively awarded the tenants a reprieve until June 2010.  Town Council has made a recommendation to allow the 1 commercial/residential 5 story building fronting Dundas St. E. and allowing the rest of the property to be developed within the medium density guidelines(possibly limited to townhouses).

2074359 Ontario Ltd has proposed 420 units within 5 buildings and the Town has agreed in principal to 1 of the 5 buildings with 105 units in it.  I disagree with the size as stated at the meeting of the rest of the property being 3 hectares and a medium density limit of 30-65 units per hectare.  The total property size is 4.16 hectares as stated on page 3 of 25 in PL-24-10 which is 447778.673 ft² and building type 1 as shown on Attachment #6 of PL-24-10 has a total of 104,564 sq ft over 5 floors or an approximate footprint of 20913 sq ft so if we subtract this sq ft from the full property size, we are left with 426865 sq ft which is approximately 3.96 hectares.  So 3.96 hectares would support a maximum of 257 dwelling units under medium density guidelines.  257 + 105 units for a total of 362 units which is only 58 units shy of the requested 420 units under 2074359 Ontario Ltd's original application.

70 units times $20,000 tax credits makes for a whopping 1.4 million dollar tax credit.  Come on people who in their right mind is going to turn over 1.4 million dollars to an organization that does the least that they can legally get away with? 

What is By-Law 6125-08

No where on the Town's website, can I find anything about By-Law 6125-08.

"An In Camera meeting of the Council has been scheduled in accordance with the provisions of the Municipal Act and Procedural By-law 6125-08"

Is there a reason why I cannot find any info on Procedural By-Law 6125-08?  I have even done a google search of this and still cannot find any info on what this By-Law is.  How can the Town quote this document but not let us know what it actually says.

Garbage Issues Once Again

Our park homeowners association has put this letter out to try and deal with the garbage woes within our park.  I question whether or not this will actually work or just cause the garbage to be placed elsewhere within our park.

At present there are 3 garbage bags in the customary location and 1 bag on the back bumper of the nearby camper van.  In addition to this inappropriate garbage, I have discovered that there is another garbage pile forming near the old electrical panel box.

I have been informed that notices will not alleviate the problem as some of the people within this park may not even have the ability to read or some may not have the mental capacity to comprehend what they are reading.  Remember that this park is made up of average people, some of them having various disabilities which I am not qualified to diagnose.

Possible ESA Inspector Attack

Is it really possible that the ESA inspector got attacked today by a cat?  Apparently the ESA inspection of 1 dwelling has been postponed.  I do not know for sure but I can testify to seeing the ESA taking photos of 1 of their own persons neck/upper chest area.

Where are the city inspectors going to start with all of the animals(4 legged) within our park?  It is apparently around a $100 fine for harboring/keeping of an un-neutered cat or dog without a license within Whitby.  I suggest that someone within this park could make a fortune as a Town License Officer and the Town was recently advertising for just such a position.

Landlord Appears To Be Learning

The notice that we received today informing us of a power disruption tomorrow, seems to indicate that our landlord is learning how to be a better landlord.  Could it be possible that this blog publicly pointing out legal shortcomings is proving effective?

Thank You For Commenting

It was a very pleasant surprise to get such a well written comment on the posting about the generator being long gone.

Thank God, it is gone. For two weeks, 24hrs a day. the generator ran uninterrupted standing within 10feet of my trailer, making sleep very hard to be had. No amount of pleading with the management nor Hydro officials, would they move it. There was plenty of space to move to, but they were unwilling to do so. It seems the owners have absolutely compassion for their fellow man.

If you are in need of any assistance in filing a T2 application for inconveniences due to the generator, I would be willing to provide assistance. I finally now have a copy of the global newscast where an owner of the park said on camera that they provided the generator and that the tenants would not be "inconvenienced" because the generator was here.

T2 Applications

A simple update on the prospect of filing a T2 application. I helped one individual out, with printing their T2 application. They signed it and I filed it in person for them at the tribunal office in Scarborough. They got a court date before the end of April, 2010. Amazingly one of our landlords/agents was in the tribunal office for other reasons unknown to me, my wife served the T2 application on this landlord/agent within the tribunal office.

T2 Application

Sample text being considered for a T2 application.

Page 2 Part 2 Reasons for your Application

Section 4. The landlord, the landlord’s agent or the superintendent withheld or interfered with vital services, care services or meals. (Note Vital services are fuel, electricity, gas, hot or cold water and the provision of heat from September 1st to June 15th

Explanation of Reasons:
On March 24, 2010 2074359 Ontario Ltd allowed the hydro to be disconnected by the ESA; because, 2074359 Ontario Ltd. Did not effect the necessary electrical repairs before the deadline of March 23, 2010. After approximately 2 hours of no hydro service, we again had power provided by a loud generator less than 100 feet from our bedroom window. This generator was run non-stop 24 hours a day for over 2 and a half weeks. On April 10, 2010 we were not given any notice by 2074359 Ontario Ltd prior to once again being disconnected from a power supply and this time the power outage was approximately 3 hours.

Page 3 Part 3 Remedies
Section 1 I want the board to order that:
The landlord must pay me a rent abatement of $XXX.XX
My Current Rent is$XXX.XX per month
Explain how you determined the amount that you are asking for:
Your monthly rent $XXX.XX divided by 4.33 weeks equals $XXX.XX multiplied by 2.5 weeks we were living under the constant noise of the generator equals $XXX.XX

Page 5 Part 3 Remedies (Cont’d)
Section 11 Other Explain what other order you want the board to make:
That the landlord must effect the necessary repairs to the sewer and water supply lines to bring them to a satisfactory level of service to meet the necessities of life in 2010.It is unfair for a landlord to stipulate in a rental application/agreement to rent that water pressure is low and for all tenants to be forced to live with a poor supply of water, when at a Town meeting the Town tells us that the water pressure supplied by the Town will require pressure relief valves to hold back pressure from new dwelling units using the existing supply source that we presently have.


T2 Application can be filled out online at http://www.ltb.gov.on.ca/graphics/stel02_111589.pdf and then printed off on a local printer for filing with the board.

Power Is Restored

Even though I have not seen an ESA inspector on-site today, the power is restored to proper transmission lines after 2 and a half weeks of running on the generator.  I am kind of curious though as to why my invoice from the ESA states that no electrical equipment is to be operated prior to inspection by the ESA and that seems to be a standard clause in ESA invoices.  Is there a reason why the electrical connections made today did not require inspection?  We have over 60 homes in here being reconnected without an inspection, is this more safe than an individual installing 1 new service outlet within their own home?

None the less, I am glad that the power has been restored and I will finally be able to get a proper nights sleep without the constant noise of the generator running less than 100 feet from my bedroom window.

Park Generator Is Long Gone

The park generator is long gone and we are still without power.

Power Is Still Out

Just a quick update for time stamping purposes of how long our power stays off, we are still without power.

POWER IS OUT

Well I have been having fun playing KISS Were Not Gonna Take It Anymore and the radio station CISS 98.5 but now my neighbor is home and I have shut down the tunes from blasting her out.  I have a complete trailer home live on my own personal generator, including my fridge and furnace.  For everyone elses sake, I hope the landlord gets his work done to be able to power my neighbors as some of them have already been asking for T2 applications, which I am in the process of printing off for them from the landlord and tenant board web site.  People are not happy that the power has been disconnected without the necessary 24 hour written notice!!!!

Temporary Power Interruption Today

We have just received notice through the Owners Association of the park that we are expecting to have a couple hour power interruption today.  In the light of this notice, I have set myself up so that I will have emergency power for those who require it and my trailer will be completely live running on generator backup power.  I would like to further highlight that 2074359 Ontario Ltd has not notified the tenants of a power interruption as required by the Landlord Tenant Act of Ontario and that this power interruption is definitely not an emergency situation other than a relief to 2074359 Ontario Ltd's financial expenditures on the generator that they have been using to power the park.

Whitby Hydro On-Site

Whitby Hydro and ESA have been on-site most of the day and it appears that the hydro maybe restored to our trailer park from the public utility today.  Good progress is being shown thanks to the hard work of several contractors on the behalf of 2074359 Ontario Ltd.

Well it is now the end of the business day and I must report that the hydro has NOT been restored to utility company provided hydro.

Officially Been 2 Weeks On Generator

It has now been a complete 2 weeks that we have been surviving on the generator.  Still no significant improvements to be reported though.  ESA has been inspecting individual trailers and for the most part, it seems to be only minor issues that they are finding with the individual trailers; possibly because ESA just did these inspections approximately 2 years ago.  At least the ESA is carrying through on their recommendations and investigations, hopefully the TSSA will begin enforcing their own regulations and recommendations.

Attention COA of Whitby

I have been researching my rights to freedom of information and have found the following key points which I believe relate to the situation around the gas leak and I would like a proper answer to what has come of the situation between the Police and Fire Department.

 

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m56_e.htm

Obligation to disclose

5.  (1)  Despite any other provision of this Act, a head shall, as soon as practicable, disclose any record to the public or persons affected if the head has reasonable and probable grounds to believe that it is in the public interest to do so and that the record reveals a grave environmental, health or safety hazard to the public.

14.  (1)  A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except,

(a) upon the prior written request or consent of the individual, if the record is one to which the individual is entitled to have access;

(b) in compelling circumstances affecting the health or safety of an individual, if upon disclosure notification thereof is mailed to the last known address of the individual to whom the information relates;

Criteria re invasion of privacy

(2)  A head, in determining whether a disclosure of personal information constitutes an unjustified invasion of personal privacy, shall consider all the relevant circumstances, including whether,

(a) the disclosure is desirable for the purpose of subjecting the activities of the institution to public scrutiny;

(b) access to the personal information may promote public health and safety;

(c) access to the personal information will promote informed choice in the purchase of goods and services;

(d) the personal information is relevant to a fair determination of rights affecting the person who made the request;

(e) the individual to whom the information relates will be exposed unfairly to pecuniary or other harm;

(f) the personal information is highly sensitive;

(g) the personal information is unlikely to be accurate or reliable;

(h) the personal information has been supplied by the individual to whom the information relates in confidence; and

(i) the disclosure may unfairly damage the reputation of any person referred to in the record. R.S.O. 1990, c. M.56, s. 14 (2).

Apparantly 2074359 Is In Breach of Another Law

It has come to my attention that an individual trailer owner within this park has a camera positioned so that 
 it can catch the comings and goings of individuals to our Park Association's Presidents address.  We have every right to have a Park Association and according to http://www.ipc.on.ca/images/Resources/video-e.pdf our landlord is breaking the law regarding video surveillance as this individual trailer owner is sharing this captured video with the landlord.

3. Collection of Personal Information Using a
Video Surveillance System
Any recorded data or visual, audio or other images of an identifiable individual qualifies as
“personal information” under the Acts.3
Since video surveillance systems can be operated to collect personal information about
identifiable individuals, organizations must determine if they have the authority to collect
this personal information in accordance with the Acts.
Pursuant to section 38(2) of the provincial Act and section 28(2) of the municipal Act, no
person shall collect personal information on behalf of an organization unless the collection
is expressly authorized by statute, used for the purposes of law enforcement or necessary to
the proper administration of a lawfully authorized activity. For example, the collection of
personal information that is merely helpful and not necessary to the proper administration
of a lawfully authorized activity would not meet the requirements of sections 28(2) and
38(2).4
Organizations must be able to demonstrate that any proposed or existing collection of personal
information by a video surveillance system is authorized under this provision of the Act.

Landlord Is Passing The Buck Once Again

Once again, it appears that the landlord is trying to pass the blame onto the individual trailer owners within our park. I agree that we all should be having an individual inspection to confirm that everything is up to par for the safety of all the tenants of 1010 Dundas; but, I disagree that this inspection should be before the landlord rectifies their own problems. If the individual trailer inspections were a critical step, I do not understand why these inspections would not have had to be done before the generator was put into use. It appears to me, that it is more of a feable attempt of the landlord to shift the focus away from themselves and their own shortcomings as landlords and to shift the focus onto individual unsuspecting trailer owners. This notice does not imply compliance is mandatory but rather requests "PLEASE MAKE YOUR TRAILER AVAILABLE" is this an attempt to be more diplomatic by the landlord or is this a non-mandatory inspection? If the ESA wanted to inspect the individual trailers, why is this notice being put out by our landlord and not by the ESA themselves?

3 Seperate Pictures of Generator Power Output

When we were still experiencing colder weather and some tenants may have been using space heaters to warm themselves up at night.

When I speculate that we were possibly switched back to some form of power line power.

What we are presently using, after the ESA has been back on-site.  If there is another explanation, nobody has bothered to inform me of what that might possibly be; therefore, I conclude that I am right in my presumptions and speculations.

Amazingly the Generator Is Kicking Out Power Once Again

 I have been busy with other issues today and could not get a daytime photo of the generator reporting power output once again.  The ESA were on-site once again today and it is now that the generator is back reporting power output, does that mean that the ESA discovered some other form of power being used?  If the generator was seen for a couple of days kicking out 350 A and a couple days of ZERO A output and is once again reporting power output, I must conclude that the display on this generator has been working correctly and that the generator was indeed being run to create an illusion that the generator was powering the park.  You can pull the wool over the eyes of some but eventually you will generally show your true colors.  Thankfully I am not color blind!