2074359 Ontario Ltd had a technicality in the tribunal today

This technicality in no way indicates a win for them, but rather an adjournment of our hearing for 6 weeks.  We now have to determine whether to seek damages for potholes to our vehicle in the landlord and tenant tribunal or in Superior Court along with the tenant's association.

We have won some ground though by getting our issues into the hands of the mortgagee's lawyer.  Remember that 2074359 Ontario Ltd has had issues with their mortgage and may be experiencing a few more issues as a result of today.  2074359 Ontario Ltd is now well aware of some of our rights that they probably were not aware of before.

This is by no means the end of the fight between us and 2074359 Ontario Ltd, but rather an eye opener. 

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.