CAN LANDLORD TELL TENANT WHEN/HOW LONG TO SHOWER?

HOMESTEAD LAND HOLDINGS IN KINGSTON, ONTARIO HAS SUNK TO A NEW ALL-TIME LOW. THEY ARE ACCUSING ME OF TAKING A SHOWER, WHEN IN FACT THERE WAS NO RUNNING WATER IN MY APARTMENT AT THE TIME. IS THIS SOMETHING THAT WILL BE CONDONED AND/OR SANCTIONED BY THE ONTARIO LANDLORD TENANT BOARD? ARE LANDLORDS ALLOWED TO TELL TENANTS WHEN AND FOR HOW LONG THEY MAY TAKE A SHOWER? IS THIS A VIOLATION OF MY HUMAN RIGHTS OR JUST AN INVASION OF MY PRIVACY?

PLEASE READ THE FOLLOWING E-MAIL, WHICH SENT EARLIER TO THE RENTAL OFFICE ON JOHNSON ST. IN KINGSTON. SEE HOW THE SUPERINTENDENT BACKTRACKED AND TOLD ME A LIE ABOUT THE TIME HE WAS AT MY DOOR. ALSO READ HOW HE ALLEGES THAT HE COULD HEAR WATER OUTSIDE MY DOOR FROM THE BATHROOM, WHICH IS AT LEAST 30 FEET FROM THE OUTSIDE HALLWAY, WITH TWO ROOMS (KITCHEN AND DINING ROOM) AND ONE FIREWALL IN BETWEEN. YOU WILL SEE HOW RIDICULOUS THE LANDLORD IS BEING AND HOW FAR THEY WILL GO TO HARASS A FEMALE MIDDLE-AGED TENANT WHO LIVES ALONE.

----- Original Message -----
From: _________@hotmail.com
To: Cheryl Lambert ; Michael Terkalas ; homesteadkingston@cogeco.net
Sent: Thursday, February 21, 2008 8:25 PM
Subject: Are you rationing time in the shower now? & I REPORTED ANOTHER ALTERCATION IN 401 TO JOHN AT 2:56 P.M. JUNE 20/08
Cheryl and Michael:

What the hell is going on here now? Your stupor was pounding on my door at 6:50 p.m. I had just gotten out of the shower a short time earlier and when he pounded on the door, I was on the telephone with my sister and had been on the telephone with her since 6:23 p.m. (she checked the time on her telephone's call display for me to confirm the exact time I called). I asked who was pounding at the door several times until he finally answered (I thought it could have been Cheryl's good little buddy, Gilbert again). I asked him to wait a second, until I threw on my bathrobe, before opening the door. He was asking whether anything was wrong, stating that the morons in 401 told him that I was running water in the bathroom for over an hour.

He not only told me that the morons in 401 were stating I was running water for over an hour, he also said that he heard it. Well, if he had come here directly from 401 AS HE SPECIFICALLY STATED HE HAD, and alleges that he DEFINITELY heard running water from my apartment, then there is no way that he had heard running water from my apartment (SEE THE TIMES ABOVE).

What the hell were they doing down in 401 anyway, especially since they are so noisy all the time themselves? Do they actually sit in the bathroom, timing me when they think I may be in the shower? KEEP IN MIND THAT THE BATHROOM IN THE NEXT APARTMENT (503) IS DIRECTLY BEHIND MY BATHROOM. PERHAPS SOMEONE IN THERE WAS USING THE SHOWER AS WELL OR RUNNING OTHER WATER, AND THE HILLBILLIES DOWNSTAIRS ARE TRYING TO DIVERT ATTENTION AWAY FROM THEMSELVES, BECAUSE OF ALL THE NOISE THEY MAKE. It seems to me that this is a case of them trying to get revenge on me, for the noise complaints made against them..

Like I stated, "What the hell"? For one thing, I was not in the shower anywhere near that length of time. Even if I was, which I was NOT, what the hell business if that of yours, your stupors, or anyone else? IS IT IN MY LEASE THAT YOU CAN TELL ME WHEN I MAY OR MAY NOT TAKE A SHOWER? ALSO IS IT IN THE LEASE, THAT YOU CAN YOU TELL ME HOW LONG I MAY TAKE IN THE SHOWER? I even asked him, facetiously, whether he thought I was so big that I would need that long to get clean in the shower. For another thing, are you water Nazis and dictating exactly how long a tenant can use their shower? We have received no notices to that effect. Is that the next step and how far do you intend to go, to try to control my personal affairs? If I had a visitor/guest or other tenant in this apartment, surely the shower would be used more frequently. How much time would the idiots in 401 have to then spend in their bathroom, listening to how long someone may be using the facilities in my apartment. I am the only person living here.

You are doing absolutely nothing about all the noise that these idiots make in 401. You have done nothing about the constant loud altercations that occur in that apartment on a daily, and even more frequent at times, basis. YET, your stupor will harass me about how long I am allegedly in the shower!!!

I telephoned the stupor at about 7:15 p.m., after realizing that there was no way he could have heard water running in my bathroom. I told him that, after he had asked me many weeks ago about something like that, I checked for myself. I went into my bathroom and ran water in the tub, leaving the bathroom door open. I went into the hallway and could not hear any running water. In fact, the next time I saw him after that, I advised him about how I had performed this experiment. He, at the time, told me that work had been done on the plumbing and nothing about what exactly could have caused the sound of running water the idiots in 401 had allegedly heard. I commented also that I had noticed that the water had been turned off several times, in the interim. It was my impression that this problem had been rectified.

When he was at my door at 6:50 p.m., he specifically told me that he had just then heard running water in my bathroom. When I told him that I had been on the phone since 6:23 p.m. and that I was out of the shower about 5 - 10 minutes prior to calling my sister, and that then there was no way he could have just heard water running in my bathroom, BECAUSE THERE WAS NO WATER RUNNING, he changed his story. He then told me that he had been here earlier (at 6:00) and had to go outside. Then he tried to say that he had heard the water running from the hallway at that time. HE COULD HAVE AT LEAST TRIED TO KEEP HIS STORY STRAIGHT AND GIVE ME AN HONEST ANSWER. WHEN I TOLD HIM IT WAS IMPOSSIBLE TO HEAR RUNNING WATER AT 6:50 P.M., HE CONVENIENTLY CHANGED HIS ACCOUNT OF THE EVENTS. I asked him, from where did he hear the running water. I think that is a reasonable and logical question to ask. He said that he could not say, it was a violation of tenant privacy. WHY WOULD HE NOT SAY EXACTLY WHERE THE WATER WAS RUNNING, IF HE WAS ACCUSING ME OF RUNNING THE WATER. UNLESS HE ALSO HEARD WATER FROM SOMEWHERE ELSE, THEN HOW WOULD IT BE A VIOLATION OF ANOTHER TENANT'S PRIVACY? ALSO, IF HE COULD NOT SAY, THEN I TAKE IT THAT HE COULD NOT DETERMINE WHERE THE WATER WAS RUNNING IN THE FIRST PLACE AND DECIDED TO HARASS ME. WHAT A BIG SURPRISE THAT IS. HARASS A MIDDLE-AGED WOMAN ON DISABILITY. THEN AGAIN, HISTORICALLY THAT IS WHAT YOU DO SO WELL AND THIS STUPOR APPEARS TO BE VERY WELL TRAINED IN YOUR COMPANY POLICIES AND PROCEDURES. HOW F'ING RIDICULOUS IS THAT? HE WAS TRYING TO ACCUSE ME OF RUNNING WATER WHEN I WAS IN FACT NOT. I told him that I thought he was lying.

I THEN asked him to come to my apartment right away, to perform the aforementioned experiment. I told him to come here immediately, upon which we would turn on the water in the bathroom, and listen for it outside the apartment door. He refused and said something along the lines of, have a good night, and hung up. IF HE WERE SO SURE THAT THE WATER HAD BEEN RUNNING IN MY APARTMENT, THEN HE SHOULD HAVE COME UP HERE AND LISTENED FOR HIMSELF, WITH ME AS A WITNESS, BUT HE REFUSED, WHICH MEANS TO ME THAT HE DOES NOT WANT TO BE PROVED WRONG.

Another point of interest, I had to telephone the stupor yesterday at 2:56 p.m. There was yet another loud altercation occurring in 401 and had been for some time. He told me that he would check it out. I told him that, while I was on the phone with him, I was not hearing anything, at that precise moment. Then I added that it was another reprieve, that could last for seconds or minutes, but that there is loud arguing going on there too frequently. I advised him that I am tired of hearing it.

I have sent COUNTLESS e-mails to you and filed many complaints over a period of months (since early November 2007) with the stupor about the noise and loud altercations in 401. YET, you do nothing about it. INSTEAD, he comes pounding on my door, because i may be taking a shower. THIS IS BLATANT HARASSMENT IN MY OPINION AND UTTERLY RIDICULOUS. I HAVE BEEN HERE SINCE AUGUST OF 1994. IN THAT TIME, THERE HAS NOT BEEN A SINGLE NOISE VIOLATION MADE AGAINST ME. I DON'T ARGUE AND SLAM DOORS. I HAVE NEVER PLAYED LOUD MUSIC OR HAD THE VOLUME ON THE TV SET HIGH. ANY GUESTS HAVE NEVER MADE NOISE DISTURBANCES. NEITHER I NOR ANY GUESTS OF MINE HAVE EVER HARASSED, INTIMIDATED, OR INTERFERED WITH THE DAILY ACTIVITIES OR LIVES OF ANY OTHER TENANTS. CONVERSELY, SOMEONE WHO CHERYL TRIES TO SAY WAS NOT GILBERT (who by the way is living here for months without a lease, because that would affect Dave's ODSP benefits) COMES POUNDING ON MY DOOR IN THE MIDDLE OF THE NIGHT ON THE 17TH OF FEB., TERRIFYING ME, AND SHE TRIES TO SAY THAT, EVEN THOUGH ANOTHER TENANT SAW HIM GOING INTO 509, THAT IT WAS NOT HIM. I AM SURE THAT NOTHING HAS BEEN DONE ABOUT THAT SITUATION AND EVEN MORE SURE THAT NOTHING WILL BE DONE.

WHAT THE HELL AM I SUPPOSED TO DO, LET YOUR EMPLOYEE HARASS ME AND THEN NOT TEST THE FACT THAT RUNNING WATER CANNOT BE HEARD FROM MY BATHROOM INTO THE HALLWAY? AM I SUPPOSED TO LET YOU BULLIES WALK ALL OVER ME, ESPECIALLY OVER SOMETHING AS RIDICULOUS AS THIS? DO I HAVE TO FIND ANOTHER LAWYER OR CALL THE NEWSPAPERS LIKE I DID WHEN YOU HARASSED ME IN 2006? I AM SURE THEY WOULD BE INTERESTED IN THE FACT THAT A TENANT IS BEING ACCUSED OF TAKING A SHOWER!

SARAH ____, NORMANDY 501

FOR MORE INFORMATION, CHECK OUT:


http://www.homesteadlandholdingsltd.blogspot.com/
http://www.homesteadlandholdings.blogspot.com/

SCAM Alert: Universal Energy Corp.

TO ANY READER: PLEASE CONTACT ME IF YOU HAVE BEEN SCAMMED BY UNIVERSAL ENERGY CORPORATON. SINCE THE ONTARIO GOVERNMENT DEREGULATED UTILITY SERVICES, I WAS APPROACHED ON APRIL 12, 2006 BY A REPRESENTATIVE OF UNIVERSAL ENERGY CORPORATION.

Have you been scammed by the Universal Energy Corporation? Someone from their corporation knocked at my door on April 12, 2006. I live in a "security" apartment building in which solicitation is prohibited. The landlord has signs posted stating that fact. Before I even opened the door more than a crack with the chain on and before I could ask him, the man immediately advised me that he was not a salesman. I told him that solicitation was prohibited in the building and I would not open my door to "salespersons". He advised and repeatedly assured me that he was there to inform consumers about the deregulation of utilities by the Provincial Government, how the first increase in July would be from 5 cents/kwh to 10 cents/kwh (100% increase) , and how it would increase by 2008 to 20 cents/kwh (400% increase). He further advised he was acting as a consumer advocate and stated that, if I signed up immediately for a "fixed rate", I would be protected from the bloated electricity rate increases, by having my rate frozen at 8.63 cents/kwh. While he was here, we discussed many different ways to conserve energy (not just electricity), and I told him many of the ways I personally conserve energy, for example by using all fluorescent bulbs. Several times I again asked if he was a salesman just to be sure, and he repeatedly assured me he was not, that he was a consumer advocate, going door-to-door to simply educate consumers. He certainly educated me! Like a moron, I even offered and served him a cold beverage believe it or not, while this "jerk was nailing me to the barn door".

I received my Electric bill from the local utilities company in July. The rate had increased from 5 to 5.8 cents/kwh. I had unknowingly signed a "contract" with an independent utility company for a much higher rate, without even knowing it! Of course he did not tell me that!!!!!! Someone please advise me if you think I am wrong about this. The document which allegedly fixed my electric rate at 8.63 cents/kwh is supposed to protect me and keep my electricity rates frozen at a fixed rate, subsequently saving me money immediately and forever. The Ontario Energy Board set the rate at 5.8 cents/kwh. Am I actually saving money??? Of course not. It is costing me nearly 3 cents/kwh more than that set out by the Provincial Government OEB, all profit to Universal Energy, especially since the billing is still done by the local utility company!

That was on July 14/06. Straight away, I contacted Universal Energy to file a complaint and cancel the contract immediately. They refused to cancel it. I was told that I would have to contact their Compliance Dept. When I asked to be transferred to the Dept., I was advised they have no telephone extension and, even if they did, there was no one on site to speak with at any time. I asked for an e-mail address, so I could cancel the contract immediately and was advised they have no e-mail address. I was provided with an address and told that I had to fax or send a letter by "snail mail" to cancel. I asked to speak with a manager or someone in a position of authority, but the woman to whom I was transferred was equally uncooperative about all of my above concerns.

Immediately I telephoned the Ontario Energy Board and lodged an official complaint. Jeremy at OEB advised me that the way I was treated was typical and advised me to send the letter to Vanessa Anesetti, the Manager at Universal. I did it that afternoon. As of today, Wed. Aug. 16, 2006, they are refusing to cancel the contract, even though I have repeatedly explained how their rep misrepresented himself right from the beginning. They refuse to put anything in writing and are argumentative, insolent, and uncooperative on the phone. I have spoken with others at their office, but mostly with Anesetti.

Please go to http://universalenergycorpscam.blogspot.com/ to see some of the e-mail complaints I have made, not only to Universal Energy, but also the OEB and even Premier McGuinty. This information will be posted there, followed by copies of some of my correspondences and written complaints.

I am sure that I am not the only person, not only in Kingston, but also in Ontario, who is being scammed by these people. You may file complaints with the Ontario Energy Board at www.oeb.gov.on.ca (e-mail info@oeb.gov.on.ca) if you were also scammed by Universal Energy. Perhaps if enough people file complaints, they can do something about them. I don't know if it will help, but you may try contacting McGuinty at http://www.premier.gov.on.ca/home/default.asp?lang=EN. I personally have not found him (or my local MPP) to be helpful with other issues, but you never know, he may surprise me this time. He used to have an e-mail address, but there is a link on the page to contact him and you may submit your complaint directly through his site.

If anyone doubts the voracity of what I have stated, contact Universal Energy yourself. Pit Bulls were banned in Ontario, and yet these more ferocious and disreputable companies are not!

If anyone out there has any success, please let me know.

BELOW ARE SOME OF MY CORRESPONDENCS, IN MY DESPERATE ATTEMPT TO GET OUT OF THIS CONTRACT, WHICH I WAS TRICKED INTO SIGNING.:


----- Original Message -----
From: ___________________
To: complaints@oeb.gov.on.ca
Cc: customerservice@universalenergy.ca
Sent: Thursday, July 27, 2006 8:55 PM
Subject: Please pass on to Jeremy re OEB Complaint File No. 2006-037-23


Dear Jeremy:

I received a telephone voice message from a "Vanessa" at Universal Energy Compliance Dept., requesting that I telephone her regarding my ongoing complaint about Universal Energy and their representative who was in my home. My telephone display registered the number 416-224-9182 at 1:47 p.m. today. She asked me to telephone her at Extension 504, 1-877-672-5500 or after 5:00 p.m. to ask for Evelyn at Extension 502.

I do not trust any verbal communication with them, since I could be misrepresented on any point at any time, in the same way their representative deliberately misrepresented himself in my home.

The crux of my complaint is initially based on the fact that from my first contact with the representative of Universal Energy, who was in my home, misrepresented himself and his organization. He specifically made a point of advising me that he was not a salesman. This was before I even opened my door more than a crack and in direct reply when I specifically asked him if he was a sales rep of any kind. I placed strong emphasis on this statement from him, and specifically advised him that under no circumstances do I ever open my door to sales persons, for any reason. He repeatedly assured me that he was not there to sell me anything, but instead to strictly advise me as a consumer about the pending increases to electricity rates. He advised me that the first increase would be a 100% increase in the rates, from 5 cents/kwh to 10 cents/kwh, eventually becoming 20 cent/kwh. He told me that I was signing an agreement to simply lock in my energy rates to protect myself from energy rates that were doubling, then quadrupling from the 5 cent/kwh rate. He never represented himself as a salesperson of any kind. Instead, he presented himself as a consumer advocate. He assured me that my rates would always be lower and fixed, thereby protecting me no matter how high the energy rates increased. He employed blatant scare tactics concerning the rate increases, but never once told me he was a sales rep for Universal Energy. I always thought he was a representative from a consumer advocacy group and he never told me otherwise or even intimated that he was a sale rep..

He was in my apartment long enough, to tell me at any time that he was actually a salesperson, at which time I would have ordered him to leave immediately. We even discussed ways to conserve energy, and I told him the many methods I personally use to conserve energy, beginning with replacing my electrical bulbs with fluorescent bulbs as soon as possible after I moved here in August of 1994, further explaining how much more expensive they were in the 1990s than they are today. I also told him how infrequently I use my own car, running all of my errands together about twice a month, rather than wasting gas by running individual errands on different days. He definitely came across, to me, as a consumer advocate and not a sales person!

Hope to get rid of these parasites from Universal Energy very soon. I have to wonder how many others they scared into signing contracts under false pretenses.

S_________

_____________________________________________________

----- Original Message -----
From: ___________________
To: Joseph Rosa ; customerservice@universalenergy.ca
Sent: Monday, August 07, 2006 8:48 AM
Subject: OEB Complaint File No. 2006-037-23 regarding Universal Energy Corporation


Dear Joseph:

I tried to reach Vanessa Anesetti last week, reaching her voice mail and leaving a message for her, but I have heard nothing from her yet. In my message, I added that I had sent several e-mail messages to her via the Universal Energy website, of course copies of which were also sent to your office. I still and adamantly maintain that their representative entered my apartment under false pretenses, insisting even upon my direct questioning several times, that he was not a salesperson, prior to and after entering my home. This is absolutely ridiculous! I find it even more appalling that he used scare tactics, under the pretense of being a consumer advocate, advising me that the first utility rate increase would be 100% (from 5 cents/kwh to 10 cents/kwh) and in due course, would actually increase to 20 cents/kwh. This is what he directly and specifically quoted to me personally, elaborating that the "alleged" contract would protect me from those huge increases, by locking in the amount I would be charged per kwh and ultimately protecting me from these huge increases.

The company, which owns my apartment building, has a very stringent policy against solicitation on all rental properties which they own, even to the point of posting "No Solicitation" signs in the lobbies and foyers of their buildings. This policy can be confirmed by contacting the landlord, Homestead Land Holdings Limited, 80 Johnson Street, Kingston, ON K7L 1X7, PH: 613-546-1146 (downtown main rental office), e-mail address: homesteadkingston@cogeco.net. You may confirm this policy by contacting them and making a general inquiry, as to their policy concerning solicitation in all of their rental units, via either method. You will find that, ultimately, this Universal Energy representative was NOT supposed to be on the premises AT ALL. To the best of my knowledge, the only solicitation which the landlord allows at their rental units, are solicitations which are required by law, which would be politicians campaigning at election times and government election/census-related matters. I reiterate that there is a "No Solicitation" sign posted at the entrance to the building. The building is also a "Security building", meaning that in order for non-residents to enter the premises at all, they must enter a security code and be "buzzed" into the building in the first place. How did this representative of Universal Energy even gain access to the tenants in the building, in the first place???

Adding insult to injury, if you review my initial e-mail contacts with your office, you will find that when I first contacted Universal Energy regarding my complaints, I was not only advised that they have no "e-mail address" which I could contact, I was also advised that they had neither an extension number nor a contact person if there was an extension number, through which I could lodge a complaint. You will also find that, the very first time I contacted your office with my complaint, I spoke with Jeremy. He immediately advised me to contact Vanessa Anesetti directly, providing me with her address at their head office. The e-mail which I sent to Jeremy, which included that information, I printed out and immediately that day sent in the mail through Canada Post Corporation, to Ms. Anesetti.

As I have previously stated, I will settle for nothing less than the total annihilation of the bogus contract, especially but not exclusively because I was contacted under false pretenses. Would your office be in a position of authority, in which you could contact all of the tenants in this building (there are 65 units, with 12 apartments numbered "#01 to #12, ie. 501 to 512, on floors 1 through 5, and 5 apartments in the basement level, which are numbered 1 to 5), to see how many tenants were actually "scared" into signing contracts with Universal Energy under false pretenses? As I already stated, their representative was not even supposed to be on the premises "soliciting" in the first place. Just for the sake of your information, the building superintendent is located in Apt. 110. Even in my capacity as a tenant, I am not allowed to solicit within the building and, if I were to contact other tenants about this matter, it would be considered by the landlord as a direct violation of their "No Solicitation" policy.

This is not intended to reflect negatively on your office, but I am also sending a copy of this correspondence to the office of Premier McGuinty, via his website. I personally feel that this matter has gone on for far too long with no resolution and a province-wide investigation, regarding the practices of Universal Energy Corporation, should be implemented. I have no doubt that you will find many other consumers, who will have similar and/or identical complaints about Universal Energy, as mine. At the very end of this correspondence, I am including a copy of the correspondence I received via e-mail from the Premier's office, as well as a copy of the webpage through which I directly submitted a copy of this correspondence to Premier McGuinty's office.

Sincerely, S____
----- Original Message -----
From: Joseph Rosa
To: _____________________
Sent: Friday, July 28, 2006 1:00 PM
Subject: RE: Please pass on to Jeremy re OEB Complaint File No. 2006-037-23


Ref#2006-1945




Hello S_____



Thank you for your email to the Board dated July 27, 2006 regarding your issues with Universal Energy. Unfortunately Jeremy is no longer at the Board so I will advise you now.



Our contact at universal is Vanessa Anesetti. If she is calling you it is directly due to Jeremy contacting her on your behalf. Please call her back to resolve this issue. She will report back to us once she has spoken to you and ensured a resolution.



I do understand your concerns however she is trustworthy and I do hope she will be helpful. You may ask her to follow up your conversation by sending you a letter.



Regards,





Joe Rosa

Consumer Relations Centre

Ontario Energy Board


--------------------------------------------------------------------------------

From: ___________________
Sent: July 27, 2006 8:55 PM
To: Complaints
Cc: customerservice@universalenergy.ca
Subject: Please pass on to Jeremy re OEB Complaint File No. 2006-037-23
Importance: High



Dear Jeremy:



I received a telephone voice message from a "Vanessa" at Universal Energy Compliance Dept., requesting that I telephone her regarding my ongoing complaint about Universal Energy and their representative who was in my home. My telephone display registered the number 416-224-9182 at 1:47 p.m. today. She asked me to telephone her at Extension 504, 1-877-672-5500 or after 5:00 p.m. to ask for Evelyn at Extension 502.



I do not trust any verbal communication with them, since I could be misrepresented on any point at any time, in the same way their representative deliberately misrepresented himself in my home.



The crux of my complaint is initially based on the fact that from my first contact with the representative of Universal Energy, who was in my home, misrepresented himself and his organization. He specifically made a point of advising me that he was not a salesman. This was before I even opened my door more than a crack and in direct reply when I specifically asked him if he was a sales rep of any kind. I placed strong emphasis on this statement from him, and specifically advised him that under no circumstances do I ever open my door to sales persons, for any reason. He repeatedly assured me that he was not there to sell me anything, but instead to strictly advise me as a consumer about the pending increases to electricity rates. He advised me that the first increase would be a 100% increase in the rates, from 5 cents/kwh to 10 cents/kwh, eventually becoming 20 cent/kwh. He told me that I was signing an agreement to simply lock in my energy rates to protect myself from energy rates that were doubling, then quadrupling from the 5 cent/kwh rate. He never represented himself as a salesperson of any kind. Instead, he presented himself as a consumer advocate. He assured me that my rates would always be lower and fixed, thereby protecting me no matter how high the energy rates increased. He employed blatant scare tactics concerning the rate increases, but never once told me he was a sales rep for Universal Energy. I always thought he was a representative from a consumer advocacy group and he never told me otherwise or even intimated that he was a sale rep..



He was in my apartment long enough, to tell me at any time that he was actually a salesperson, at which time I would have ordered him to leave immediately. We even discussed ways to conserve energy, and I told him the many methods I personally use to conserve energy, beginning with replacing my electrical bulbs with fluorescent bulbs as soon as possible after I moved here in August of 1994, further explaining how much more expensive they were in the 1990s than they are today. I also told him how infrequently I use my own car, running all of my errands together about twice a month, rather than wasting gas by running individual errands on different days. He definitely came across, to me, as a consumer advocate and not a sales person!



Hope to get rid of these parasites from Universal Energy very soon. I have to wonder how many others they scared into signing contracts under false pretenses.



S__________


PROOF OF MY CORRESPONDENCE WITH PREMIER MCGUINTY'S OFFICE:


----- Original Message -----
From: Premier's Website
To: __________________
Sent: Monday, August 07, 2006 8:43 AM
Subject: Send The Premier Your Thoughts



Thanks for your online message.

I often say that Ontario works best when we work together, so hearing from you is important to me.

Every letter and message I receive is read and reviewed carefully. If your message requires an answer, we'll do our best to get back to you as quickly as we can.

Given the volume of online messages and letters I receive, and the fact that I may need to share your message with one of my cabinet ministers or the appropriate government officials for more information, a response may take several business days.

Thanks again for taking the time to write me.

Premier Dalton McGuinty
Government of Ontario
Whitney Block, Room 4620
99 Wellesley St. W.
Toronto, ON M7A 1A1
Fax: (416) 325-3745
Telephone: (416) 325-3777

* * *

Please note that this e-mail account is not monitored. For further inquiries, please direct your online message through http://www.premier.gov.on.ca/feedback/default.asp.

Confidentiality Warning: This e-mail contains information intended only for the use of the individual named above. If you have received this e-mail in error, we would appreciate it if you could advise us through the Premier's website at http://www.premier.gov.on.ca/feedback/default.asp and destroy all copies of this message. Thank you.

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My message to Dalton:

Dear Joseph:

I tried to reach Vanessa Anesetti last week, reaching her voice mail and leaving a message for her, but I have heard nothing from her yet. In my message, I added that I had sent several e-mail messages to her via the Universal Energy website, of course copies of which were also sent to your office. I still and adamantly maintain that their representative entered my apartment under false pretenses, insisting even upon my direct questioning several times, that he was not a salesperson, prior to and after entering my home. This is absolutely ridiculous! I find it even more appalling that he used scare tactics, under the pretense of being a consumer advocate, advising me that the first utility rate increase would be 100% (from 5 cents/kwh to 10 cents/kwh) and in due course, would actually increase to 20 cents/kwh. This is what he directly and specifically quoted to me personally, elaborating that the "alleged" contract would protect me from those huge increases, by locking in the amount I would be charged per kwh and ultimately protecting me from these huge increases.

The company, which owns my apartment building, has a very stringent policy against solicitation on all rental properties which they own, even to the point of posting "No Solicitation" signs in the lobbies and foyers of their buildings. This policy can be confirmed by contacting the landlord, Homestead Land Holdings Limited, 80 Johnson Street, Kingston, ON K7L 1X7, PH: 613-546-1146 (downtown main rental office), e-mail address: homesteadkingston@cogeco.net. You may confirm this policy by contacting them and making a general inquiry, as to their policy concerning solicitation in all of their rental units, via either method. You will find that, ultimately, this Universal Energy representative was NOT supposed to be on the premises AT ALL. To the best of my knowledge, the only solicitation which the landlord allows at their rental units, are solicitations which are required by law, which would be politicians campaigning at election times and government election/census-related matters. I reiterate that there is a "No Solicitation" sign posted at the entrance to the building. The building is also a "Security building", meaning that in order for non-residents to enter the premises at all, they must enter a security code and be "buzzed" into the building in the first place. How did this representative of Universal Energy even gain access to the tenants in the building, in the first place???

Adding insult to injury, if you review my initial e-mail contacts with your office, you will find that when I first contacted Universal Energy regarding my complaints, I was not only advised that they have no "e-mail address" which I could contact, I was also advised that they had neither an extension number nor a contact person if there was an extension number, through which I could lodge a complaint. You will also find that, the very first time I contacted your office with my complaint, I spoke with Jeremy. He immediately advised me to contact Vanessa Anesetti directly, providing me with her address at their head office. The e-mail which I sent to Jeremy, which included that information, I printed out and immediately that day sent in the mail through Canada Post Corporation, to Ms. Anesetti.

As I have previously stated, I will settle for nothing less than the total annihilation of the bogus contract, especially but not exclusively because I was contacted under false pretenses. Would your office be in a position of authority, in which you could contact all of the tenants in this building (there are 65 units, with 12 apartments numbered "#01 to #12, ie. 501 to 512, on floors 1 through 5, and 5 apartments in the basement level, which are numbered 1 to 5), to see how many tenants were actually "scared" into signing contracts with Universal Energy under false pretenses? As I already stated, their representative was not even supposed to be on the premises "soliciting" in the first place. Just for the sake of your information, the building superintendent is located in Apt. 110. Even in my capacity as a tenant, I am not allowed to solicit within the building and, if I were to contact other tenants about this matter, it would be considered by the landlord as a direct violation of their "No Solicitation" policy.

This is not intended to reflect negatively on your office, but I am also sending a copy of this correspondence to the office of Premier McGuinty, via his website. I personally feel that this matter has gone on for far too long with no resolution and a province-wide investigation, regarding the practices of Universal Energy Corporation, should be implemented. I have no doubt that you will find many other consumers, who will have similar and/or identical complaints about Universal Energy, as mine.

Sincerely, S____
----- Original Message -----
From: Joseph Rosa
To: ____________________
Sent: Friday, July 28, 2006 1:00 PM
Subject: RE: Please pass on to Jeremy re OEB Complaint File No. 2006-037-23


Ref#2006-1945





Hello S_____



Thank you for your email to the Board dated July 27, 2006 regarding your issues with Universal Energy. Unfortunately Jeremy is no longer at the Board so I will advise you now.



Our contact at universal is Vanessa Anesetti. If she is calling you it is directly due to Jeremy contacting her on your behalf. Please call her back to resolve this issue. She will report back to us once she has spoken to you and ensured a resolution.



I do understand your concerns however she is trustworthy and I do hope she will be helpful. You may ask her to follow up your conversation by sending you a letter.



Regards,





Joe Rosa

Consumer Relations Centre

Ontario Energy Board


--------------------------------------------------------------------------------

From: ____________________
Sent: July 27, 2006 8:55 PM
To: Complaints
Cc: customerservice@universalenergy.ca
Subject: Please pass on to Jeremy re OEB Complaint File No. 2006-037-23
Importance: High



Dear Jeremy:



I received a telephone voice message from a "Vanessa" at Universal Energy Compliance Dept., requesting that I telephone her regarding my ongoing complaint about Universal Energy and their representative who was in my home. My telephone display registered the number 416-224-9182 at 1:47 p.m. today. She asked me to telephone her at Extension 504, 1-877-672-5500 or after 5:00 p.m. to ask for Evelyn at Extension 502.



I do not trust any verbal communication with them, since I could be misrepresented on any point at any time, in the same way their representative deliberately misrepresented himself in my home.



The crux of my complaint is initially based on the fact that from my first contact with the representative of Universal Energy, who was in my home, misrepresented himself and his organization. He specifically made a point of advising me that he was not a salesman. This was before I even opened my door more than a crack and in direct reply when I specifically asked him if he was a sales rep of any kind. I placed strong emphasis on this statement from him, and specifically advised him that under no circumstances do I ever open my door to sales persons, for any reason. He repeatedly assured me that he was not there to sell me anything, but instead to strictly advise me as a consumer about the pending increases to electricity rates. He advised me that the first increase would be a 100% increase in the rates, from 5 cents/kwh to 10 cents/kwh, eventually becoming 20 cent/kwh. He told me that I was signing an agreement to simply lock in my energy rates to protect myself from energy rates that were doubling, then quadrupling from the 5 cent/kwh rate. He never represented himself as a salesperson of any kind. Instead, he presented himself as a consumer advocate. He assured me that my rates would always be lower and fixed, thereby protecting me no matter how high the energy rates increased. He employed blatant scare tactics concerning the rate increases, but never once told me he was a sales rep for Universal Energy. I always thought he was a representative from a consumer advocacy group and he never told me otherwise or even intimated that he was a sale rep..



He was in my apartment long enough, to tell me at any time that he was actually a salesperson, at which time I would have ordered him to leave immediately. We even discussed ways to conserve energy, and I told him the many methods I personally use to conserve energy, beginning with replacing my electrical bulbs with fluorescent bulbs as soon as possible after I moved here in August of 1994, further explaining how much more expensive they were in the 1990s than they are today. I also told him how infrequently I use my own car, running all of my errands together about twice a month, rather than wasting gas by running individual errands on different days. He definitely came across, to me, as a consumer advocate and not a sales person!



Hope to get rid of these parasites from Universal Energy very soon. I have to wonder how many others they scared into signing contracts under false pretenses.



S_________


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----- Original Message -----
From: ___________________
To: Joseph Rosa ; customerservice@universalenergy.ca
Sent: Wednesday, August 16, 2006 1:00 AM
Subject: As of August 16, 2006, Universal Energy Still Refuses to cancel contract; Universal Energy forward immediately to Vanessa Anesetti


Subject: As of August 16, 2006, Universal Energy Still Refuses to cancel contract; Universal Energy forward immediately to Vanessa Anesetti


Dear Joseph:

Despite my many complaints, the typewritten letter I sent to Vanessa Anesetti at Universal Energy (as per Jeremy's instructions when I first contacted your office nearly a month ago), the fact that their representative directly lied to me (telling me he was not a salesman, but a consumer advocate instead), they still are refusing to cancel the contract that was obtained under false pretenses.

On Thursday, August 10th, I contacted their office. I hung up the phone when the representative in the Compliance Dept. (I believe it was Vanessa) replied to my repeated requests to cancel the contract, by saying "If we decide to cancel the contract". I immediately hung up after making a hasty reply to her.

WHAT AM I SUPPOSED TO DO NOW?????? I followed their requests, to the letter, for canceling the contract, and the instructions I received from you and Jeremy at your office. Copies of all correspondence have been sent directly to Universal Energy, including my letter of complaint to Premier McGuinty.

Please consider this matter unresolved and actively pursue an investigation into their illegal practices and procedures immediately. Also please ensure that, since I was tricked into signing a contract, which I was lead to believe was an agreement to protect me from high energy prices but in fact was a contract guaranteeing Universal Energy profits and not protecting me from increasing rates at all, that the entire contract be cancelled as though it never occurred.

Please get back to me ASAP. I am also sending a copy of this correspondence to Premier McGuinty. I am copying this correspondence and submitting it through his site. Just like with the last correspondence I forwarded to the Premier's office, below, I shall copy the automatic reply that I will receive from his office, which confirms that my complaint has been received.

S____

CONFIRMATION E-MAIL THAT MY LETTER OF COMPLAINT WAS RECEIVED BY THE PREMIER'S OFFICE:

----- Original Message -----
From: Premier's Website
To: ___________________
Sent: Wednesday, August 16, 2006 12:58 AM
Subject: Send The Premier Your Thoughts



Thanks for your online message.

I often say that Ontario works best when we work together, so hearing from you is important to me.

Every letter and message I receive is read and reviewed carefully. If your message requires an answer, we'll do our best to get back to you as quickly as we can.

Given the volume of online messages and letters I receive, and the fact that I may need to share your message with one of my cabinet ministers or the appropriate government officials for more information, a response may take several business days.

Thanks again for taking the time to write me.

Premier Dalton McGuinty
Government of Ontario
Whitney Block, Room 4620
99 Wellesley St. W.
Toronto, ON M7A 1A1
Fax: (416) 325-3745
Telephone: (416) 325-3777

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Confidentiality Warning: This e-mail contains information intended only for the use of the individual named above. If you have received this e-mail in error, we would appreciate it if you could advise us through the Premier's website at http://www.premier.gov.on.ca/feedback/default.asp and destroy all copies of this message. Thank you.

Possible By-Laws Violated by Landlord (By-Law #2005-100)

On Tuesday, March 14, 2006, while the City of Kingston By-Law Enforcement Officer was in my apartment to perform a temperature reading, I showed him my printed copy of the most recent City of Kingston Property Standards By-Law (By-Law No. 2005-100). I explained to him that I had printed it directly from the City of Kingston website and he confirmed that it was indeed the most recent version.

I began to go through it, showing to him all of the areas that I had highlighted in green highlighter, where it appeared that Homestead Land Holdings Limited was in potential violation of some of these by-laws.

Doors and Windows
4.9 All exterior openings of buildings shall be fitted with doors or windows or other suitable means to prevent entrance of wind or rain into the building.

I explained to the officer, and had reported to him previously, that my windows were very drafty, there was not even any paint on the inside wooden frame, and that water was leaking in beneath the window. I have 35 mm photographs and VHS/8 mm original camcorder video of the mould/mildew that was growing directly beneath my windows.

4.10 Windows, exterior doors, and basement or cellar hatchways shall be maintained in good repair.

Obviously, my windows were in a most deplorable state of repair. When they were eventually replaced, the officer issued a verbal order to Homestead to replace all of my windows first, when they began to replace windows in June 2005!

4.11 Rotted or damaged doors, door frames, window frames, sashes and casings, weather-stripping, broken glass and defective door and window hardware shall be repaired and/or replaced, and maintained and protected from the elements and against decay and rust by application of a weather coating material such as paint or other protective materials.

Again, I have 35 mm photographs, as well as original 8 mm camcorder cassette and VHS copy which proves the total state of disrepair that all of my windows were in. I personally showed these to the officer.

Exterior Walls
4.14 Exterior walls of buildings and their components including soffit and fascia shall be maintained so as to prevent their deterioration due to weather and insects and shall be so maintained by painting, restoring, or repairing the walls coping or flashing and by waterproofing of joints.

The mould damage that occurred in my master bedroom in December of 2004 was a direct result of standing water on the roof being blown under the flashing and leaking directly into my room. This was confirmed by Williams Brothers Restoration, who finally inspected the roof in January of 2005, after the mould returned. The then building superintendent, Bill Gilbert prior to this, repeatedly kept trying to tell me that the mould was a result of condensation within the apartment. It was he who then personally told me, that which was reported to him by the roofing contractor, that water was blowing under the flashing and subsequently leaking into my apartment.

Pest Prevention

4.26 Buildings shall be kept free of rodents, vermin and insects at all times.

I personally had complained to the then superintendent Bill Gilbert numerous times that I had an infestation of ladybugs, spiders, houseflies, and earwigs. He personally told me each time that Homestead Land Holdings would do nothing about it, more specifically any insect/bug that ate other insects/bugs. This I found out from a subsequent super was totally bogus. He had refused to do anything about it, because I was the one who made the complaint. I have photographs and videos of the many dead houseflies trapped between both panes in my windows, especially the window in the second bedroom!!!


Roofs
4.28 The roof of every building shall be structurally sound, weatherproof and free of loose or unsecured objects and materials and excessive accumulations of ice and snow.

This was not the case in Decemer of 2004, when water leaked under the flashing, into my master bedroom, subsequently causing personal property damage to my clothing, bedding, etc. in excess of $6,222! Homestead Land Holdings has flat out refused to compensate even one single penny for all of the personal property of mine, which was totally destroyed by the mould directly resulting from that roof leak!!!

Stairs, Porches and Balconies
4.31 Inside and outside stairs, porches, balconies and landings shall be maintained so as to be free of holes, cracks and other defects.

I challenge anyone to enter the stairwell at the basement level of this building, closest to the elevator. You will immediately see cracks in the concrete.

Structural Soundness
4.37 Materials which have been damaged or show evidence of rot or other deterioration shall be repaired or replaced.

I personally complained, through the proper channels (superintendents) about the deplorable condition of my windows. I can also personally substantiate the condition, before they were finally replaced on June 29, 2005, with 35 mm photographs and original 8 mm cancorder cassette/VHS videos.

Dors, Windows, and Skylights
5.9 Windows, skylights, doors and basement or cellar hatchways shall be maintained in good repair, weather tight and reasonably draught-free. Maintenance includes painting, replacing damaged doors, door frames and their components, window frames, sashes and casing, replacing non-serviceable hardware, weathre-stripping and re-glazing.

Again, before the windows were finally replaced in my unit in June of 2005, I have 35 mm photographs and original 8 mm camcorder cassette/VHS video proof of the deplorable condition of each window.

5.14 All windows and skylights in a dwelling unit that are capable of being opened shall be fitted and equipped with screens that are maintained in good repair and free from defects and missing components.

Again, I have 35 mm photographs and original 8 mm camcorder cassette/VHS video proof of the deplorable condition my screens were in. I am willing to show this to anyone who wishes to view it.

Garbage Disposal
5.28 Every dwelling and eery dwelling unit with the dwelling shall have such receptacles as may be necessary to contain all garbage and rubbish.

There are dumpsters outside the building.

5.29 Receptacles shall be:
5.29.1 Constructed of a watertight material;
5.29.2 constructed to prevent the entry of rodents;
5.29.3 provided with a tight fitting cover,which shall be kept closed at all times excent when garbage is being placed therein;

At the best of times, the plastic garbage container, which is located just outside the wooden structure where tenants dispose of their garbage bags some times does not have the cover placed on it, or if it is, some times it is loosely placed on top of it. Also, some times the doors to these dumpsters are left open. I have reported this to the rental office personally.

Heating and Heating System

5.41 Every dwelling unit shall be provided with a heating system capable of maintaining a temperature of 21.1 degrees C (70 degrees F)

5.43 Room temperature shall be determined at any point in the room.

When the property standards officer and the heating contractor (employee of Homestead) took temperature readings in my unit, they always took the readings in the centre of the room or very near the centre of the room, and never close to the floor where it was coldest or near the windows where it was also coldest. WHY THEN DOES 5.43 IMMEDIATELY ABOVE SPECIFICALLY STATE THAT ROOM TEMPERATURE SHALL BE DETERMINED AT ANY POINT IN THE ROOM IF THIS IS NOT PUT INTO PRACTICE????? For most of February 2006 and until the day after my Housing Tribunal Hearing on March 15, 2006, I reported repeatedly to Homstead Land Holdings that there was absolutely no heat emanating from my living room radiator, the largest radiator in the whole apartment. This was in spite of the fact that the pipes leading to the rad were hot. I was personally told by the heating contractor, who replaced Therrien, that it was too late in the season to repair it. This was a day or so prior to the March 15, 2006 hearing. Yet, at approximately 6:00 a.m. on the morning of Friday, March 17, I looked through my living room window when I heard the recycling truck on the property. I was shocked to find that there was finally heat emanating from this rad. This leads me to the next paragraph:

5.44 Every building or part of a building which is rented or leased as dwelling or lving accommodation and which, as between the tenant or lessee and the landlord, is normally heated by or at the expense of the landlord shall, between the 15th day of September in each year and the 1st day of June of the following year, be provided with adequate and suitable heat by or at the expense of the landlord; and for the purposes of this by-law "adequate and suitable heat" means that the minimum tempreature of the air in the accommodationwhich is available to the tenant or lessee is 21.1 degrees C (70 degrees F).

I reiterate from above that absolutely no heat emanated from my living room radiator for nearly, if not, the whole month of February of 2006 and I did not feel heat emanate from this rad until the morning of Friday, March 17, 2006 at about 6:00 a.m. As of the evening of Wednesday, March 15, hours after I returned from the Housing Tribunal Hearing, there was no heat emanating from that radiator. I personally can attest to this fact.

Ventilation
5.70 Every habitable room except living rooms and dining rooms shall have an opening or openings for ventilation providing an unobstructed free-flow area of at least 0.28 square meters (3 square feet) oran approved system of mechanical ventilation such that the air is changed once every hour.

It was not until sometime in 2000, when Elsie Davis was the super in the building, that a huge fan was finally fitted on the roof, to the venting system in the building. To this day, this fan is only turned on a various times of the day and is not continually on. There are no fans provided in the units. The air is obviously not changed once every hour, especially considering the fan is not even turned on for the entire 24 hours of the day! It is first turned on at 6 a.m. daily. and off during the overnight hours.

5.72 Where an opening is used for ventilation and it not permanently protected by a window or door so as to exclude rodents, vermin and insects it shall be:
5.72.1 adequately screened with durable material; and
5.72.2 otherwise protected so as to effectively prevent the entry of rodents, vermin and insects.

In the tiny vents in both my kitchen and bathroom, to which I have already stated the roof fan is not turned on for many hours of the day, there is no screen of any kind over either of these vents!

5.73 Any openings for natural ventilation shall be protected with insect screen of corrosion-resistant material.

5.74 Every bathroom or toilet room shall have an opening or openings for ventilation providing an unobstructed free-flow area of at least 0.09 square metres (1 square foot), or an equivalent such as an electric fan and a duct which shall terminate outside, shall be provided,installed and maintained.

I stated above that the fan on the roof of the building is not operating 24 hours per day. It is first turned on, by timer, at 6:00 a.m. each morning, and is turned off and on through the day at other times, also set by a timer.

Walls, Ceilings and Floors

5.79 Where necessary, interior walls shall have baseboards that shall be maintained in good repair and tight fitting so as to prevent the accumulation of dust and garbage.

When the disintegrating asbestos floor tiles were finally replaced in 2005 (I kept a couple of samples of these, just in case!), caulking was not done along the baseboards in the kitchen, living room/dining room, the hallway (not by doors and door frames) and no caulking in the bathroom in particular behind the toilet. Caulking was only done by the bathtub.

Homestead.on.ca Refuse Comp.Damage/Violate Prop. Stan. 4.28

MOULD DAMAGE RESULTING FROM LEAK IN ROOF – IN VIOLATION OF CITY OF KINGSTON PROPERTY STANDARDS BY-LAW ROOF 4.28 “The roof of every building shall be structurally sound, weatherproof and free of loose or unsecured objects and materials and excessive amounts of ice and snow.” And 4.29 “Where eavestroughing, roof guttering and down piping is provided it shall be kept in good repair, including being watertight, protected by paint or other preservative and securely fastened to the building.”

IF ANYONE DOUBTS THE VORACITY OF MY CLAIMS, I HAVE PHOTOGRAPHIC (35 MM) AND VIDEOTAPED EVIDENCE OF EVERYTHING, INCLUDING ALL OF THE DAMAGE ITEMS, ON BOTH VHS AND THE ORIGINAL SANYO 8 MM CAMCORDER CASSETTE.

I PERSONALLY OBTAINED ESTIMATES TO REPLACE ALL OF MY PERSONAL CLOTHING, BEDDING, ETC. AND THE AMOUNT WAS IN EXCESS OF $6,200 ($6,222.63 TAXES INCLUSIVE). HOMESTEAD LAND HOLDINGS HAS NOT COMPENSATED FOR THE TOTAL DESTRUCTION OF ANY OF MY PERSONAL PROPERTY, WHICH RESULTED FROM THE ROOF LEAK, A DIRECT VIOLATION OF THE ABOVE-NOTED CITY OF KINGSTON PROPERTY STANDARDS BY-LAW, WHICH I ALSO PERSONALLY REPORTED TO THE PROPERTY STANDARDS BY-LAW ENFORCEMENT OFFICER. THE SAME OFFICER ATTENDED THE SITE OF THE MOULD DAMAGE IN DEC, 2004 AND NEVER CONTACTED THE DEPARTMENT OF HEALTH, WHICH I BELIEVE SHOULD HAVE BEEN DONE TO ASCERTAIN/CONFIRM THAT THIS WAS TOXIC MOULD. IT WAS HOWEVER, TOXIC TO ME, BECAUSE I BECAME VERY ILL AND HAD TO UNDERGO ANTIBIOTIC THERAPY FOR A SERIOUS LUNG INFECTION WHICH RESULTED FROM THE MOULD INFESTATION. THEY REFUSE TO OFFER EVEN A SINGLE PENNY IN COMPENSATION. RENTER’S BEWARE!!!

I PERSONALLY REPORTED THESE AND MANY OTHER BY-LAW VIOLATIONS TO THE PROPERTY STANDARDS BY-LAW ENFORCEMENT OFFICER ON THE AFTERNOON OF TUESDAY, MARCH 15, 2005 WHEN HE CAME TO MY APARTMENT IN THE AFTERNOON TO TAKE A TEMPERATURE READING. I SHOWED HIM MY PRINTOUT FROM THE CITY OF KINGSTON WEBSITE OF THE MOST RECENT. WHILE I PERSONALLY SHOWED HIM MY PRINTED COPY, HE CONFIRMED THAT IT WAS THE MOST RECENT VERSION: BY-LAW NO. 2005-100.


WORK COMPLETED OR TO BE DONE AT 501 - 154 PARKWAY:

Please note that the windows, throughout the whole apartment (which are very warped, drafty, and leaky) are SUPPOSED to be replaced. I have NOT YET BEEN ADVISED when Homestead Land Holdings Limited actually plans to have these windows replaced. (PS: The windows were actually finally replaced June 29, 2005). Since moving in, I have asked all superintendents when the work would be done, especially the 2nd bedroom window, but none of them knew. Also note that, in 1999 when I had planned to move out, I listed in writing the problems with the windows (among other required repairs, especially the disintegrating asbestos floor tiles) when I went to the rental office on Johnson Street, to give them written notice that I planned to move. None of the repairs were made until AFTER the mould damage was discovered in the master bedroom and the landlord was ordered by the City of Kingston Property Standards Officer to make these repairs.

Thursday, December 30/04

Cheryl Lambert (Property Manager) inspected the apartment, along with Doug Werden (City of Kingston Property Standards Officer) and Bill Gilbert (Building Superintendent).

Measurements for the kitchen counter were taken by Kevin (Homestead employee).

Friday, December 31/04

The mould in the master bedroom was treated and the room painted by Jeff (employee of painting contractor).

Tuesday, January 4/05

Superintendent viewed the mould/water droplets that had reappeared in the master bedroom.

Wednesday, January 5/05

Superintendent fixed a leak in the bathtub faucet.

Thursday, January 6, 05

Kevin installed the kitchen countertop, replaced the basket in the kitchen sink, and installed a basin in the bathroom.

Between January 10 and 13/05

The painter (Jeff) had to reseal mould that had returned to master bedroom and repaint. Also, the heating contractor (Maurice Theirren) fixed the bedroom radiator, which had not been working for an undetermined amount of time, by opening a valve on the roof. Unfortunately, I did not record the exact dates that these repairs were made on my calendar.

Wednesday, January 12/05

Superintendent informed me that there had been a leak on the roof; standing water was being blown under the roof flashing, causing the leak in the master bedroom (which of course resulted in the mould).

Thursday, January 13/05

Superintendent and Kris (tenant in building) ripped up the asbestos floor tiles in the master bedroom. I helped them box up the old tiles.

Friday, January 14/05

The floor of the master bedroom was retiled by Don (Homestead employee).

Wednesday, January 19/05

The bathtub was refinished by an employee of The Bathtub Doctor.

Thursday, January 20/05

Superintendent and Kris (tenant) ripped up the asbestos floor tiles in the hallway, kitchen, and part of the living/dining room area. They also ripped up the linoleum in the bathroom.

Friday, January 21/05

The area noted on Jan. 20 was tiled by Don (Homestead employee).

Thursday, February 3/05

Superintendent and Kris (tenant) ripped up the remaining asbestos floor tiles in the living/dining room area.

Friday, February 4/05

The area noted on Feb. 3 was tiled by Don (Homestead employee).

Tuesday, February 8/05

The bathroom, hallway, kitchen, living/dining room was painted by an employee of the painting contractor hired by Homestead (think his name was Larry, though not 100% sure).

The superintendent fixed the deadbolt lock on the apartment door (Pete MacDonald, a previous super, had not installed it correctly in 1998, leaving a gaping hole that he personally covered with duct tape. I had asked each successive super to fix it, but was not done previously.

The superintendent replaced some electrical switch plates, which had been covered with some type of decorative paper by a previous tenant.

Tuesday, February 15/05

A ceiling fan was installed in the dining area. I do not know the name of the electrician, or whether he is a sub-contractor or Homestead employee.

Wednesday, February 23/05

Kevin (Homestead employee) installed a new bathroom door and scraped off some of the build-up of paint on kitchen cabinet door fixtures (so they could close properly). He also repaired the lower hinge on the 2nd bedroom door and the lower hinge on the 3rd bedroom door.

A painter (same one who was here on Feb. 8) painted the new bathroom door, and the bedroom doors. The inside of the 3rd bedroom door had never been painted and the master bedroom door had never been painted.

Thursday, February 24/05

Kevin (Homestead employee) installed the closet doors for the coat closet, which is located just inside the apartment door. This closet had never been fitted with doors. He also installed the towel rack on the bathroom door.

Monday, February 28/05

The superintendent attempted to install a toilet tissue holder in the bathroom. The screws were not secure in the plaster. The super said that he would have to borrow a drill, in order to install it properly. JOB INCOMPLETE – UNFINISHED

Wednesday, June 29/05

New windows installed in the living room and bedrooms.


REPLACEMENT COST FOR DAMAGED ITEMS

17 Silk Blouses: Tan Jay - $118.00 + 17.70 (taxes) = $135.70 X 17 = $2,306.90

1 - 100% Cotton Hanging Garment Bag - Sears Catalogue = $34.99 + 5.25 (taxes) = $40.24

2 New Suitcases (one had been used only once) - both 29" soft-sided upright pullman suitcases: Sears @ $159.99 + 24.00 (taxes) = $183.99 each X2 = $367.98

11 New towels with colour print: Sears $29.99 + 4.50 (taxes) = $34.49 X 11 = $379.39

Queen Size feather bed cover: TSC - $39.86, 9.29 (S&H), 7.37 (taxes) = $56.52

King size white goose down baffle box duvet: Sears - 499.99 + 75.00 (taxes) = $574.99

2 King size white goose down pillows: Sears - $139.99 ea. 21.00 (taxes) = 160.99 X 2 = $321.98

2 Queen size cluster fill foam pillows: Sears - $24.99 each + 3.75 (taxes) - 28.74 X 2 = $57.48

1 Queen size feather pillow: Sears - $25.99 + 3.90 (taxes) = $29.89

1 Queen size pillowcase – Nowhere could I find a price for a single pillowcase in this size.

1 Pair down-filled slipper boots - Foot Duvet at The Added Touch (Oakville) online: $35.00 + 8.50 (S & H) + 6.52 (taxes) = $50.02

1 Black Simulated Leather Attaché Case - Grand and Toy: $59.99 + 9.00 = $68.99

1 Black Simulated Organizer File - Grand and Toy: $79.99 + 12.00 (taxes) = $91.99

2 sets of vertical blinds (to fit a patio door), which I had custom-made for a previous residence; they had been unused since and had been in new condition). Sears: $350.00 (valence included - installation not included) + 52.50 (taxes) = 402.50 X 2 = $805.00

1 Heavy gauge vinyl blind in master bedroom (64" X 80"): Sears - $180.00 + 27.00 (taxes) = $207.00 (installation extra)

9 pairs of slacks - The style and quality of slacks that I could find which was as close as possible to the originals were at Sears: $39.97 + 6.00 (taxes) = 45.97 X 9 = $413.73

6 pairs of summer cotton crop pants: Sears online (style closest as possible to original - most stores not carrying summer wear yet - $34.99 + 5.25 (taxes) = 40.24 X 6 = $241.44

Restore solid wood jewellery box: Dip and Strip $150.00 + 22.50 (taxes) = $172.50

Queen Size pillow case (2) 24.86 + 6.96 (S&H) + 4.77 (taxes) = $36.59

TOTAL ESTIMATED REPLACEMENT: $6.222.63
INDEX OF T-90 VHS
VIDEOTAPE (TAPE COUNTER IS SHOWN AT THE LEFT)

Beginning of tape - video of mould damage in bedroom

0:55 Heavy gauge vinyl blind and rod pocket curtains ruined

1:20 The master bedroom window - indicating how badly it is warped

1:40 Mould under some of the bedroom floor tiles

3:10 Mould on the back of the headboard of bed

3:25 Mould on the material of the canopy of the vertical blinds (which had been stored on the top of headboard

4:35 Space under the hutch of the headboard, where I had stored 7 boxes (I had to clean and repack the contents)

6:15 Another shot of the mould on the headboard

7:00 Closet mould

8:00 The silk tops in the closet that were damaged by mould

8:20 The cotton garment bag, in which the damaged silk tops were held. Other silk clothing had also been in the garment bag, but those on one side were damaged, some others on the side further from the wall were not damaged. I had removed these and show them later on in the video (hanging in bathroom on shower rod and in 2nd bedroom).

9:30 Another shot of the silk tops still in the garment bag, hanging in closet

17:00 I start throwing the silk blouses into a garbage bag.

22:00 I put the garment bag in the garbage bag, along with the silk tops.

24:00 2 queen size pillows (1 foam-filled and 1 feather) in pillowcase, and 3rd pillow (foam-filled) in garbage bag

26:00 I put the duvet, down-filled slipper boots and 2 queen-sized down pillows in a garbage bag.

30:00 2 new suitcases (29" upright pullman)

32:00 I put the 11 new towels, which had been stored in one of the suitcases while it was on the floor of the closet, in a garbage bag. The towels were still wet.

36:00 The 2nd suitcase - indicate had only been used once.

38:55 Queen size feather bed - put in garbage bag.

Video of clothing that had been saved from the closet - hanging in bathroom
Video of other items saved from closet - in 2nd bedroom

53:10 Take slacks and crop pants (all still damp) out of box and put into garbage bag.

1:00:00 Video of damage to other items (jewellery box paint damage, soft-sided organizer file and attaché).

1:08:30 The disintegrating floor tiles in the hallway

1:09:00 Windows and the mildew underneath them.

1:10:00 New kitchen counter
Disintegrating kitchen and other floor tiles in living room

1:12:40 I lift a loose tile with my fingertip.

1:13:30 Video of tape that previous tenant had put on disintegrating tiles (these had been under my coffee table all these years).

1:14:00 Video where several tiles had been replaced before I moved in.

1:14:20 I lift loose tile with my fingertip.

1:16:00 Bathroom and bathroom door, switch plate in bathroom.

1:16:40 Vent in bathroom, wall by the tub (next to the door) and taps in bathtub.

1:17:00 Vent in bathroom again (dirt still blowing in through vent when windy), medicine chest, and under basin.

1:18:00 Wall by tub and inside bottom of bathroom door, toilet tank (coloured paint drops on cover), and toilet.

1:18:45 Doorway to bathroom, where I had to tape over where door closes (very drafty).

1:19:00 3rd bedroom window and cracks underneath (due to warped, leaky windows).
Also wall in hallway where paint blistered and peeled (I applied tape to help prevent further peeling several years ago).

1:20:00 2nd bedroom window, indicating how I had to put a stick diagonally across the top pane soon after I moved in - I had asked each superintendent to repair it ever since. Also, video of the cracks underneath the window, because of leaky, warped windows. I state how I tried to show this to Cheryl Lambert, when she was standing in hallway outside the room on December 30, but she had ignored me.

1:22:00 Stuff stacked in the 2nd bedroom, which had been retrieved from the master bedroom closet.

1:22:40 Living room windows, mildew under windows (I had to apply tape because the plaster had also cracked and to attempt to reduce spread of mildew), mildew on frames and windows.

1:24:00 Window in living room covered with frost, and then some more video of disintegrating living room tiles.

1:24:40 Some cracks in paint on living room wall.

1:25:40 Lift another living room tile with fingertip.

1:26:00 Another shot of disintegrating floor tiles in hallway.

1:26:35 "Nick" in headboard, when super and neighbour were pushing it back into bedroom, after floor was retiled.

1:27:00 End of tape


INDEX OF VIDEO (AUG/02) REPAIRS THAT SHOULD HAVE BEEN MADE YEARS EARLIER

Begin Switch plate in kitchen

:15 Vent in kitchen covered because of "black stuff" blowing into room and onto stovetop when windy outside, even when exhaust fan is operating.

:51 Kitchen counter and sink

:55 Living room windows

1:30 Mildew under living room windows

1:42 Spot where 2 tiles missing in hallway

1:47 Paint blister and peeling on wall in hallway

2:05 Behind toilet in bathroom

2:35 Medicine Chest

2:43 Bathtub

2:57 Basin

3:15 Bathtub again

3:55 Bathroom vent - had to cover because of "black stuff" blowing into tub when windy outside, even when exhaust fan is operating.

5:00 Bathroom door and linoleum

5:14 Floor tiles in living/dining room

6:30 Several tiles in living room that were replaced (different colour) sometime (could be years) before I moved in.

6:40 Tiles in hallway

6:48 Window in master bedroom

7:00 Electrical switch plate in dining room

7:05 Area on kitchen ceiling that was not painted before I moved in (looks like someone started to paint it, but did not complete it.

7:31 Crack in paint on dining room wall

8:05 Cracks in paint in living room wall (between 2 light fixtures); then in kitchen wall

8:47 Blistering in paint at end of hallway by bathroom and plaster chipping away from cover that is loosely fitted over the access area to bathtub fixtures (the water shut off valves)

9:25 My 7 year old kitty, who was dying with severe respiratory problems (Aug. 11/02). I think disintegrating asbestos floor tiles could have caused his respiratory problems. I had to euthanize him (collapsed lungs) on Sept. 11, 2002. Kitties who died in Feb./02 and June/04 also had a respiratory problem, as does 11 1/2 year old, who was diagnosed in 2003 with his lungs full of tumours (his condition is terminal).

10:02 End of tape.
WITNESSES – File K-050120-031

Doug Werden, Property Standards Officer, City of Kingston, PH: 546-4291, Extension 3204
(Mr. Werden has digital photographs of the mould damage; he advised me that he could be subpoenaed as a witness for me, at which time he could produce the photographs)

Cheryl Lambert, Property Manager, Homestead Land Holdings, PH: 546-3146 (In the Spring or summer of 1999, I visited the rental office to give notice that I intended to move. At that time, I provided a detailed written list of problems with the apartment, with strong emphasis on the floor tiles and windows. That should still be on file at Homestead. Also, Lambert was here around Aug. or Sept. 2000, when we discussed the repairs. While repairs were being made recently, Gilbert advised me that the superintendents are not allowed to contact workers or contractors directly. All contacts, regarding repairs, must be made by Lambert.

Bill Gilbert, Building Superintendent, Homestead Land Holdings, PH: 531-7729

Elsie Davis, previous building superintendent who is currently the Homestead building superintendent at 130 Parkway, PH: 547-3085. I had filed an ORHT complaint (File No. EAT-02346) against her for using her key to unlock my apartment door without my permission, on three occasions in 1999, the first time Lambert was with her. Her husband, Arnold, installed the smoke detector in the hallway. On Wed., Dec. 20, 2000, while I was out, I believe that Davis and Lambert went through my apartment. When I returned home, my deadbolt was unlocked and I noticed that the toilet seat (which I always put down when I go out) was left up. Danny Barker (Apt. 502) advised me that, during my absence, he heard my door opening and closing several times. A note, which I had taped to my door for Lambert, had been removed and Lambert later advised me that she collected the note herself.

Greg Benson, previous building superintendent on two occasions (immediately before and after Elsie Davis, and immediately prior to Bill Gilbert). When leaving here the second time, he was demoted to assistant superintendent, to his sister-in-law Esther Legere, at 200 Parkway. I do not have a phone number for Benson, but the number for Legere who is also the superintendent of the 176 Parkway Townhouses, is 549-2581. During his second term, when I gave notice to move, Benson told me that he would do all the repairs to the apartment, if I stayed.

Pete MacDonald, building superintendent prior to Benson. He no longer works for Homestead. I think he is listed in the phone book under D. L. MacDonald at 15 Adelaide, PH: 549-3623. When I last spoke with another tenant about him in January, I was advised he still lives on Adelaide St.

Don (do not know his last name, his wife’s name is Connie) was the superintendent immediately prior to MacDonald, who was transferred to one of their buildings on Leroy Grant Drive. Don painted my hallway (helped by D. Vanhooser) and had a short circuit in the hall light fixed, while he was here.

Terry (I believe that was his first name) Kish was the superintendent when I moved in, but he left soon afterwards.

Kevin Cumpson, Handyman, Homestead Land Holdings employee, PH: 546-3146 (Kevin installed the kitchen counter, bathroom basin, bathroom door, closet doors, repaired 2nd and 3rd bedroom doors by repairing hinges, adjusted closures on kitchen cabinet doors so they would close)

Don (installed floor tiles, in all rooms except 2nd and 3rd bedrooms), employee of Homestead,
PH: 546-3146

Jeff, sub-contractor painter: Can only be contacted through Cheryl Lambert (Jeff sealed the mould in the master bedroom and painted it – twice)

Larry (I think that is what Kevin from Homestead called him), sub-contractor painter. Can only
Be contacted through Cheryl Lambert (He painted the bedroom doors, bathroom, hallway, living/dining room, and kitchen)

Tub Doctor, the company hired by Cheryl Lambert to resurface the bathtub

Electrician – I do not know his name or whether he is a Homestead employee – can only be contacted by Cheryl Lambert (he installed a ceiling fan in dining room after most of the work had been completed)

Maurice Therrien, Heating Contractor who repaired the master bedroom radiator. He had also previously walked through the apartment several times over the years, when looking for air-intake valves in the heating system, most recently January 10, 2001 (notice was distributed to 5th floor residents – when he arrived I advised him that he had found none when here 3 ½ years earlier with Pete McDonald), but I do not know how much he would have remembered about the condition of the apartment. When here in January, he was briefly in the apartment, going directly to the master bedroom to check the radiator. (There is a Maurice Therrien listed in the phone book at 7 Deerfield, Amherstview , 384-2782).

Roofing Contractor – I have heard superintendents refer to them as Williams Brothers Restoration– They can only be contacted through Cheryl Lambert at Homestead.

Dave Vanhooser (tenant in 509 who also previously helped Don, a previous superintendent, paint the hallway). PH: 548-0671

Kris Shillington (tenant in 407). Kris is the person, who helped Gilbert, rip up the old floor tiles. He has no telephone, but can be reached through Dave Vanhooser in 509 PH: 548-0671.

Danny Barker (tenant in 502). Danny and I haven’t talked in over a year, have not even bumped into each other in hallway or parking lot for many months, but I did show him the condition of the apartment once in Feb., 2003. I do not know how much he would remember. I have never telephoned him, but retrieved his number from the telephone book: PH: 531-4394. I had to make several noise complaints against him in 2004/05, but I think the superintendent only spoke with him informally about it.


This is a letter, which was sent to me by Lambert in December, 2000. I hand-wrote a reply, which I ultimately did not mail to her, because I contacted the office of the MPP John Gerretsen, hoping to enlist his assistance instead.

I am attaching the documents I sent to Gerretsen, which were later returned to me. Much of the documentation relates specifically to my ORHT complaint against Homestead. However, In those documents, I have highlighted (orange and blue highlighter) references to repairs, etc.








501 – 154 Parkway
March 28, 2005



Hi Dan:

I am enclosing a new estimate for replacement of items, which were damaged. It now includes a cost to repair the jewellery box and pillow case, although I could only get a price for a set of two pillowcases. I have visited many stores over the past several weeks and can find nothing, even remotely similar, to the jewellery box. The total estimate is now $6,222.63.

I am also enclosing a copy of several e-mails, which I have sent to Homestead’s area manager and property manager:

- Mar. 15: domestic disturbance in 502
- Mar. 15: guests from 503 propping open security door
- Mar. 23: loud music complaint against 503
- Mar. 28: Kingston By-Law Enforcement Officer delivered 2nd warning to 503
- Mar. 28: e-mail to Woock and Lambert regarding noise violations and other concerns

Landlord Vs. Blogger: Case Dismissed (Kingston ORHT Mar. 15/06)

I shall begin, by submitting some personal disclosures.

For anyone who has been following this case, I sincerely thank you for your interest. It is my hope that this can possibly help another Blogger or Tenant, so that none of the personal pain and anguish I have experienced and will continue to experience, will be in vain. For anyone, who has offered comments, I also thank you. I humbly welcome and appreciate all comments. I do not have to agree with them, to post them.

Alternatively, I must explicitly state, that I am actively and vehemently exercising my right to refuse to publish the blatantly abusive "trash", which some people feel they are justified in sending to me. These comments appear to be coming from apparent pseudo-psychological pseudo-psychiatric "wannabe" medical professionals. If anyone takes any kind of exception to this, I have maintained several copies of each of these documents, in separate places. I publish nothing that I cannot unequivocally substantiate. If any person sends a comment to the blog, that is not favourable towards me, I SHALL publish it as long as it is not a personal attack against me, my honesty, or my mental capacity. I will not censor an opinion, whether or not I approve of it. That is what my landlord has been trying to do to me.

If someone wishes to allege, for example, that I am a psychopath or a sociopath, suffer from delusions ranging from grandeur to paranoia, that I am schizophrenic or blatantly paranoid, or suffer from any form of mental disease or chemical imbalance, am currently being administered psychotropic, mood/chemical altering pharmaceuticals, without providing to me full medical substantiation and/or disclosure provided by a provincially- or federally-licensed Medical, Psychiatric or Psychologic College-approved medical, psychological or psychiatric professional, only after the medical professional has personally performed a thorough, comprehensive battery of examinations including serum levels of my psychopharmacological medications, of me with my expressed and informed consent, then I refuse to publish it.

One person, anonymously yet specifically made a point of stating there was no affiliation with the landlord, then proceeded to verbally abuse me, calling me a paranoid schizophrenic (I worked in a Psychology Dept. for years, have completed and passed 2 undergraduate Psych courses at Queen's University in Kingston with one being a 1st year elective and the other a 2nd year elective, I successfully completed another at St. Lawrence College Kingston Campus, have read countless articles/websites, personally transcribed countless scores of medical evaluations, including psych evaluations, read much of the DSM-III, transcribed scores of psych research papers, worked as a medical secretary for years, see where I am going with this? I don't think I need to post my entire CV here, do I?), advising me that I should print out the comments and take them to my own physician/psychiatrist to have my mental-stabilizing pharmaceuticals (I translated some of the actual comments, since they were so vulgar and inappropriate) adjusted, since it was apparent that my medications were no longer adequately controlling my paranoid/schizophrenic delusional ideations. This person stated that he/she read the Kingston Whig article, and did a blog search, reading every word. I have personally performed countless blog searches and internet searches myself and, without the URL, could not find my Blog! The legal team, who worked on my case, did the same thing.

In the same comment, it was then offered to me that, and I am quoting this directly and in verbatim from that submission on Sun., March 5th: "you appear to be having some substantial paranoia and delusional thinking.", "I am assuming you are suffering from schizophrenia.", and "I think it would be best for you and everyone involved if you spoke with your psychiatrist". Then there are my two PERSONAL favourite quotes: "I believe their decision to kick you out has more to do with the fact that you haven't paid your rent than your blog." and "Your psychosis is obviously active now and you are harassing your landlord.". Does the last statement sound remotely familiar, perhaps to statements the landlord has directly made about me in the application to have me evicted? The "harassing" part, I mean"? Of course, I do not know exactly who sent it. Can I reasonably surmise, about whom I think sent it. I think I am justified in doing so, but I won't state my suspicions directly here. So, yes, I refused to post it.

On the day of the hearing, I received another equally disturbing account of my mental instability and obvious psychoses. Like the previous one, it was left anonymously, at 7:07 p.m. It sounds, to me, like a vaguely similar, much more succinct and direct account, of the March 5th installment. I particularly like this one and quote in verbatim, as I received it: "To me, you sound like a sh__ disturber, and maybe even a little bit of a paranoid-delusional. Perhaps you should seek mental help...".

Never let it be stated, that I refused to offer equal space to publish the moronic rantings of pseudo-psychoprofessionals, who apparently perceive themselves as medical professionals, because they suffer from obvious delusions of grandeur and are also obviously in an apparent state of heightened psychosis and delusional paranoia; who perhaps are also exhibiting grossly exacerbated bi-polar tendencies, because their own brain chemical-altering psycho-pharmaceuticals are no longer sufficient to maintain an adequate chemical equilibrium. Tell me dears, are you hearing voices in your heads, which you might be perceiving as God? Classic schizophrenia. Oops, did I make a series of totally unauthorized professional medical/psychiatric diagnoses, after by-passing years of attending undergraduate, medical, post-graduate training, internships and residencies under the direct supervision of College-licensed professionals and without completing a thorough set of medical/psychological evaluations, also without receiving the informed consent of my patients? Well, I guess I did! In that case, I concede with humility, anyone can do it.

TO REVIEW THIS CASE: I posted details about a previous case that I filed against my landlord, Homestead Land Holdings Limited, on a personal web page at Lycos.com. The landlord notified me in Dec. 2004 that they forced the shut-down of that web page, citing it was libelous and defamatory.

The page consisted of details, from an Ontario Rental Housing Tribunal case, that I filed against the landlord, when the super ELSIE DAVIS NOW AT 130 PARKWAY (one time she was accompanied by the property manager CHERYL LAMBERT) used her key in an attempt to gain entry to my apartment, on three separate occasions, without my prior knowledge/consent. Were there other occasions when I was out? I believe it is possible, but am not paranoid enough to insist that it did happen.

How do I know? I was inside and did not hear her knock at the door each time, AS SHE ALLEGES. I heard her unlocking the deadbolt repeatedly and throwing herself at the door, trying to force it open (these details are already posted in the transcript from the Jan. 2, 2001 Hearing), but ENTRY was only prevented because I had engaged a barrel bolt lock.

I maintained that the landlord's agents (paralegal, super, heating contractor all PERJURED THEMSELVES at the hearing. They also brought in an Affidavit from the property manager, who was in France on vacation, but this was not accepted into evidence. However, the paralegal (FUDGE) states several times at the hearing, that the content of the Affidavit would be substantiated by the testimony of the witnesses. Because of false testimony, the landlord won the case and an order was issued against me. Of course, I was extremely angry about this. When I transcribe and post the testimony of the landlord's agents, after they were sworn in as I was, you will see many instances of conflicting testimony, between the landlord's agents!

In Dec. of 2004, the landlord's lawyer (son-in-law of Britton Smith Sr., Don Bayne in Ottawa) sent a letter to me, advising that they had forced the shut-down of that web page. In the interim, I had discovered the Google Blog, when I downloaded a Google Toolbar. I did not even know what Blogs were! They said that they would sue me and file an injunction, if I dared to publish any other libelous, defamatory material about them.

On Feb. 10/06, Martin Woock and Kim Adams personally appeared, pounding at my door and I could also hear Woock yelling. They had a notice of eviction. They intended to evict me, unless I immediately complied with their threats and bullying, and removed the blog. I refused. NUMBER ONE, it did not contravene PIPEDA, as they alleged. NUMBER TWO, their demand violated my right to freedom of speech, as guaranteed to me by the Constitution of Canada under the Canadian Charter of Freedoms and Rights. I was, and to this day, remain steadfast in my conviction.

AM I THE ONLY ONE HERE, WHO SEES A PATTERN OF UNSUBSTANTIATED ALLEGATIONS, UNTRUTHS, LIBEL AND DEFAMATION AGAINST ME BY THE LANDLORD EMERGING? THE LANDLORD IS DOING EXACTLY WHAT THEY ARE FALSELY ACCUSING ME OF DOING.

When I did not comply, on Feb. 23/06, both Woock and Adams again appeared, pounding hard enough on my door "to wake the dead" as they did on the 10th, to personally hand-deliver the ORHT Notice of Hearing, the next official step in eviction.

You should know, that I have been a tenant here since August, 1994. My rent has always been paid, in full and on time. I HAVE THE RENT RECEIPTS TO PROVE IT, PRINTED AT THEIR RENTAL OFFICE AND MAILED TO ME. There have been no complaints filed against me. I am a quiet, considerate tenant WHO did not AND DO NOT discuss my online or other activity, with other tenants. In fact, few tenants in this 65 unit building even knew me, and that includes some other long-time tenants like me. I pretty much keep to myself.

At the hearing, the landlord tried to say that my blog was making other tenants feel uncomfortable. No one knew about it or how to find it. My lawyer countered by asking whether the property value had deflated or whether tenants have moved out because of my blog, resulting in lost income for the landlord. The landlord denied.

My lawyer mentioned their lawyer, Bayne, and his credentials. He asked why the landlord had not carried out their threat, of civil litigation and filing an injunction against this site, as stated in the Dec. 8, 2004 letter to me. The landlord's agents replied that he had been unavailable. Mr. Done then simply stated the obvious fact, that their lawyer had been unavailable for 1 1/2 years to file this litigation against me.

Mr. Done then stated that the ORHT was not the proper forum for such a proceeding, and that the landlord was trying to utilize this forum, because it was a much cheaper process, adding that civil litigation would be very expensive. More details were published, by the very experienced and extremely capable, unbiased Mr. Ian Elliot of The Kingston Whig Standard, in the March 16th edition, the following day. Mr. Elliot attended the entire hearing and conducted interviews, prior to submitting his article for publication. It, like the hearing, is a matter of public record.

I wish to acknowledge and offer heartfelt appreciation for everyone who attended and/or offered support in every conceivable way. Not only did Mr. Elliot attend the entire hearing (about one hour), he like the rest of us had to wait over 3 hours for the hearing to begin. It was held as the last for the day. Mr. Steve Ladurantaye, City Editor at The Kingston Whig Standard, who assigned the story to Mr. Elliot in the first place. No doubt he receives countless volumes of mail and calls, from people with suggestions for articles and/or desperately seeking help as I was. He saw merit in the story, from the cyber-law perspective. Mr. Done, I am sure like everyone else, had other important cases to work on. Robyn Hartley and Paul Quick with KCAP and other KCAP reps were there. For well over a year, Robyn has always been there for me, day or night, to try to help me get through these problems with the landlord and other issues. I sometimes say to others that, were it not for this amazing young lady, I probably would have jumped off a bridge! An obvious exaggeration on my part, but her support has always been selflessly offered. Bill Florence is a Queen's University Faculty of Law student, who has been working with Mr. Done, and another who worked tirelessly on the case. He accompanied Mr. Done, as co-chair at the hearing. Not in attendance, but of equal importance, were the whole staff at the Kingston Community Legal Clinic, including Kimberley Lonsdale. Everyone had spent countless hours researching and preparing for this case. How can they be thanked properly for everything they did for me.

There was yet another amazing gentleman, who had read the original article in the Feb. 28th edition of the Whig Standard, and attended just to offer his support as a concerned citizen. Is that not totally amazing? This kind soul was a total stranger to me. At the end of the hearing he was so kind when he approached and comforted me. He offered a radiant smile, touched my arm and said simply that at least I had another month (the adjudicator stated it could take a month for him to perform research and make a final decision). Not even in Kingston, I had been in touch with Mr. Josh Paterson, of the Canadian Civil Liberties Association in Toronto. Unfortunately, by the time they found out about the case, it was too late to have someone attend, but Mr. Paterson was supportive and helpful. He was in contact with Mr. Done on numerous occasions, prior to and since the hearing, to offer his assistance in every way possible. Then there is Bob Levitt, at the Ontario Tenants Association in Toronto. He communicated with me via e-mail and did everything he could to help. Most of these people, had not even met me prior to this "mess" and some have still not met me, yet they pitched in and did everything in their power to assist me.

I did not forget my family. My sister, her husband, two sons, and a niece-in-law. They were there for me, especially when I needed them the most, in the darkest hours.

Just to say thanks somehow seems so minor, compared to what I have received. I hope I have not forgotten anyone. If I have, I will add it later. Of course, I cannot forget the people who have read the blog, and left supportive comments. Enough Mushy Stuff!!!

You will see, from the ORHT Official Order, issued on March 21, 2006 (transcribed in verbatim below) that the landlord did not provide any evidence at the hearing. I FIND THIS FACT TO BE PARTICULARLY IRONIC. YOU SEE, THE LANDLORD ALLEGED THAT I MADE UNFOUNDED AND UNSUBSTANTIATED LIBELOUS AND DEFAMATORY ALLEGATIONS AGAINST THEM AND EMPLOYEES/FORMER EMPLOYEES, ON BOTH MY PERSONAL WEB PAGE AT LYCOS AND THIS BLOG (WHICH THEY ALLEGE THEY JUST FOUND ON MARCH 3RD - I KNOW THEY HAD TO ACTIVELY SEARCH FOR IT, BECAUSE MANY HAVE TOLD ME THAT THEY CANNOT FIND IT). YET, AND HERE IS THE BEST PART, IT IS THE LANDLORD AND THEIR AGENTS WHO MADE THE UNFOUNDED AND UNSUBSTANTIATED ALLEGATIONS AGAINST ME. THEY USED THESE ALLEGATIONS TO PUT ME THROUGH HELL WITH THIS ATTEMPTED EVICTION AND MANY OTHER MATTERS (details will follow eventually, in subsequent posts, including how I had to file 3 no-heat complaints to get them to finally fix my living room rad, that produced no heat for most of Feb. and half of March/06). They did not know that I had the entire recording of the January 2, 2001 ORHT Hearing, which I purchased directly from the ORHT. ORHT sent the tapes to me by Purolator Courier in 2001.

Even since this hearing, the landlord to this day, continues to harass and intimidate me. I shall post all of those details in a separate posting, at a later date. But I will provide this one example today. When I received the notice of the hearing on Feb. 23rd, it stated that the landlord wanted me out by Mar. 2nd. Now, I surmise that they timed that, in an attempt to get an extra month's rent out of me, since they were convinced they would obtain an order against me on March 15th..

It was stated that they received the last month's rent in July, 1994. Do you follow, they had my cheque for March 1st already at their office. They had my last month's rent on deposit. NOW, they were also asking for a per diem rate (rent divided by the days in the month) for each day I remained in the apartment between March 2/06 and the hearing, then the same rate for each day I was there after the ORHT order they were sure they would obtain against me, until the Sheriff came and physically removed me from the premises, if I had not already left.

DOES ANYONE ELSE SEE SOMETHING WRONG WITH THE FACT THAT THE LANDLORD WAS TRYING TO GET A MINIMUM OF 2 1/2 MONTH'S RENT FROM ME FOR THE MONTH OF MARCH, 2006??? DOES ANYONE ELSE SEE SOMETHING WRONG WITH THE FACT THAT THE ONTARIO RENTAL HOUSING TRIBUNAL IS ALLOWING THIS???

On Feb. 24th, I went to the ORHT office and filed my dispute. I then rushed to my bank and issued a Stop Payment Order against the cheque, at a cost of $12 to me. A week prior to the hearing, the landlord sent a letter to me (I will put it in the next post) demanding that I pay my March rent by certified cheque, money order, etc. and that I submit a $20 Admin. Fee for the Stop Payment order. This was sent to me by Kim Adams.

Just days prior to the hearing, I met with Mr. Done at the Kingston Community Legal Clinic. So, I had no legal representation at the time. Prior to the hearing, I presented the letter (dated March 7th) to Mr. Done. He spoke with Adams and Woock. When he returned to me, he told me to give them the rent cheque for the month, but asked me to have them provide proof of the outrageous Admin. Fee. I did not get to speak with them, even though I had my cheque book with me and the rent was in my account. When I got home, I got an envelope and went back out to mail the cheque.

Instead of the proper receipt I requested, I got a photocopy of my cheque from Adams. It was accompanied by a letter from Adams dated March 20th, in which she alleged that my cheque was NSF, not returned because of a stop payment. She quotes section 29 from the Tenant Protection Act, that they may charge $20.00 for an NSF.

On April 1st, I sent an e-mail to Homestead, with a copy to my lawyer, advising that I had contacted their bank. The lady at the bank advised me that they issue NO ADMINISTRATION FEE AGAINST ANY CLIENT, ON PERSONAL OR COMMERCIAL ACCOUNTS, WHEN THEY DEPOSIT A CHEQUE AGAINST WHICH A STOP PAYMENT ORDER HAS BEEN ISSUED. THEY DO CHARGE $35.00 IF A CHEQUE IS RETURNED NSF. I also contacted Bank of Montreal, downtown, to ensure that this policy is, well, universal. It was.

HERE IS JUST ONE EXAMPLE OF THE CONTINUING HARASSMENT, PERPETRATED AGAINST ME BY THE LANDLORD. SO MUCH MORE IRONIC, BECAUSE AT THE HEARING, WOOCK AND ADAMS REPEATEDLY LAMENTED THAT IT WAS I WHO WAS HARASSING THEM, OTHER TENANTS, AND EVERYONE EMPLOYED BY THEM, ASSOCIATED WITH THEM IN ANY WAY, EVER INVOLVED WITH ANY OF THEIR HOLDINGS, WITH MY BLOG. On Friday, April 7th, the landlord had the building super slip an invoice under my door DEMANDING THE $20.00 ADMIN. FEE, WHICH ADAMS AND WOOCK, AND NO DOUBT THE VERY EXTREMELY RICH MANSION-LIVING SMITHS, FEEL THEY JUSTLY DESERVE. I did not realize the envelope was under the door until after business hours, and could have been placed there very shortly before I found it. It had slipped under the Welcome mat, that I keep in front of the door.

Late yesterday morning (April 10th), I telephoned the toll-free number at ORHT. I explained every step, from the 1st notice to the hearing, and what is now happening. THE LADY AT ORHT TOLD ME THAT THE LANDLORD CANNOT USE ANY SECTION OF THE TPA, TO FORCE ME TO PAY AN ADMIN. FEE, FOR A STOP PAYMENT ORDER. THE CLAUSE STRICTLY REFERS TO AN NSF ADMIN. FEE. YET, the landlord persists in this harassment.

I IMMEDIATELY TELEPHONED THE OFFICE AND ASKED TO SPEAK WITH CHRIS ALWARD IN ACCTS. REC. SHE WAS AT LUNCH AND I LEFT THE MESSAGE ON HER VOICE MAIL. I RELAYED THE DETAILED DISCUSSION WITH ORHT. I ALSO TOLD HER THAT SHE COULD CALL ME OR THE ORHT FOR CONFIRMATION, LEAVING MY PHONE NUMBER EVEN THOUGH THEY HAVE IT. I NEVER DID GET A CALL. I SHALL POST IT, IF (AND I AM CONVINCED THAT THEY WILL CONTINUE TO ATTEMPT TO EXTORT THIS $20.00 FEE FROM ME) AND WHEN I RECEIVE FURTHER CORRESPONDENCE FROM THE OFFICE ABOUT IT.

IT WOULD NOT SURPRISE ME, IF THEY WILL TRY TO USE THIS ATTEMPT, TO JUSTIFY EXTORTING EVEN MORE MONEY THAN THEY ARE LEGALLY ALLOWED, BY TRYING TO ISSUE YET ANOTHER EVICTION NOTICE AGAINST ME AND/OR MAYBE HITTING ME WITH AN INVOICE FOR INTEREST. Imagine that, if it happens, interest on monies to which they are not legally allowed to demand in the first place! How sadly ironic. WATCH AND SEE!!!! I am not paranoid. I have the paperwork to prove it. Personally, I perceive this as just another act of retaliation and harassment against me, on the part of the landlord. I shall put all of the related correspondences I have mentioned, in a separate post, as stated above.

As of today (Tuesday, April 11, 2006), I have transcribed approximately 1/2 of the original Ontario Rental Housing Tribunal actual recording of the January 2, 2001 hearing mentioned above, in a separate post. If you read it, you will see that already, the claims in my blog and the previous personal web page, have been substantiated. The transcription is a tedious task, because I do not have a proper dictation machine.

FINALLY, THE STAR OF THIS POST:

HERE IS THE TRANSCRIPT OF THE ACTUAL ORDER FROM THE MARCH 15, 2006 ORHT HEARING, AT WHICH THE LANDLORD TRIED TO EVICT ME, AFTER THEIR REPEATED ATTEMPTS AT BULLYING AND
HARASSING ME FAILED TO PRODUCE THE RESULTS THEY DEMANDED (MY DELETION OF THIS BLOG).:
____________________________________________________________________________________

(Please note: I do not have a scanner. I have transcribed the actual order, in verbatim, as it was issued to me by the ORHT on March 21, 2006.)

Order under Section 69 Tenant Protection Act, 1997

RE: File Number EAL-55359

In the Matter of 501, 154 Parkway Street, Kingston, ON K7M 3E7

Between: Homestead Land Holdings Limited and S____ E. D___

Homestead Land Holdings Limited (the 'Landlord') applied for an order to terminate the tenancy and evict S____ E. D___ (the 'Tenant') because the Tenant or her guest or another occupant of the rental unit has substantially interfered with the reasonable enjoyment of the residential complex by the landlord or other tenants or has interfered with another lawful right, privilege or interest of the Landlord or other tenants. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

This application was heard in Kingston on March 15, 2006.

The Landlord represented by Kim Adams and Martin Woock and the Tenant represented by John Done attended the hearing.


The order is as follows:

It is determined that:

The Landlord alleges that the Tenant continues to communicate unfounded accusations concerning the Landlord and its former employees by posting such details on a public internet web site.

At the hearing, the Landlord's agent presented no evidence that the web site actually exists or if it does exist, any evidence that the Tenant has posted unfounded accusations regarding the Landlord or its employees.

It is the applicant's responsibility to prove its case. I find that the Landlord has failed to discharge that responsibility.

It is ordered that:

The application is dismissed.

March 21, 2006 Brian McKee
Date Issued Member, Ontario Rental Housing Tribunal

Eastern Region, 4th Floor, 255 Albert Street, Ottawa, ON K1P 6A9

If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.

END OF THE ORHT ORDER