My wife and I do not wear a muzzle or other such "acceptable" dehumanizing and injurious respiratory impediment as a plastic bag or other symbolic neuter. For this, our landlord has been waging a war of vexatious litigation against us, even having retained a lawyer especially equipped in the strategies of vexatious litigation.
Medallion Corporation has been pursuing the following vexatious litigation and strategic threats of eviction against my wife and I since the beginning of the Mandatory Mask Bylaw in Toronto. These harassing Notices of Eviction, denial of access to justice, and general quasi-judicial ignoramus fuckery includes, but are not limited to the following instances. Also included in this timeline are the responses we have cobbled together:
- 2023-02-22 — Panel Appeal
- 2023-01-21 — LTB Factum
- 2023-01-07 — Responding Landlord’s Factum
- 2022-12-08 — Moving parties’ Factum
- 2022-11-25 — Responding Landlord’s materials, LTB materials (except factum)
- 2022-11-14 — Moving parties’ materials (except factum)
- 2022-02-18 RE: FOR FILING – EVICTION ORDER – TSL-21777-21 – Date of hearing - Appeal under Statutory Powers Procedure Act
- 2022-02-09 Eviction Order — Certified Endorsement of Randy Aulbrook
- 2021-10-12 Ex-Parté Hearing of Application to End a Tenancy
- 2021-10-07 Re: TSL-21777-21 - Landlord's Disclosure
- 2021-10-05 Request to Reschedule a Hearing (62) — REDACTED & PSEUDONYMIZED
- 2021-04-30 Notice of Eviction — Form N5 Notice to End your Tenancy
- 2021-02-25 Notice on Notice of Eviction — Non-Wearing of Mask on Elevator
- 2021-02-04 Notice on Notice of Eviction — Posting of Mask Exemption Notice without Consent of Landlord
- 2020-12-11 Notice of Eviction — Form N5 Notice to End your Tenancy
- 2020-10-02 Notice on Notice of Eviction — Non-Wearing of Mask in Management Office
Medallion Corporation did file an L2 on May04, we originally had been issued a "Notice of Zoom hearing" on Jul03 for a hearing on Jul27.
Unfortunately, our mother died in her sleep on Jul05 and we purchased tickets to attend her funeral on Jul23 some 4225km away. My wife and I were denied carriage by Air Chinada on Jul19.
Chad has been banned from flight with Air Chinada, and informed that he is "blacklisted" indefinitely from any commercial air traffic in Canadian airspace.
Stacy has only recently managed to secure carriage to the destination of her mum's interred remains some 4225km away, and begun the painful process of settling her estate. I have provided the LTB with reasonable justification for an interim stay of proceedings (adjournment pending the settlement of our deceased mother's affairs) by citing established precedent, namely:
- As confirmed in Espinoza v. The Napanee Beaver Limited, Mustafa v. Corporation of the City of Mississauga, Chmurzewski v. Natural Touch Rehabilitation Center, the death of mother or mother-in-law constitutes extraordinary circumstances.
I furthermore made request that the incompetence of Sitting Member Sean Henry be addressed by providing additional time to compensate for his wasting my time digging up precedent. Now, I just want Sean Henry to recuse himself, as he is an incompetent mook, and not acting with even one iota of reasonableness.
Furthermore, I was only served with the evidence package which the Landlord intends to call on one-week prior to the hearing date of Oct12. As per the regulation, a single week is all that's required, but I'm rather concerned at the incomplete nature of the video which Medallion is planning to use, which is only 24 seconds AFTER my wife was threatened and disrespected by the Complainant DAVID BAYLES.
Oddly enough, Mr BAYLES claims that I was "screaming obscenities at [him]" and "..spouting pseudoscience about you know, masks remove yo.. ruin your uh immune system and all that kind of crap," while in the elevator.
Yet.. they chose NOT TO include the camera footage from within the elevator. Camera footage will will clearly show me gesticulating to the "mask exemption" portion of the poster as I tell him to stop verbally attacking my wife, and telling him to stay the fuck away from my wife.
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Table of Contents:
Landlord Evidence
- Tenancy Agreement
- Facebook Profile
- "Medallion accepts you are mask exempt.. you are required to observe social distancing." ("you're a dirty goy Chad, we don't want your kind here." )
- "Cleaner Anna is permitted to deny unmasked tenants access to elevator."
(The bare faced with robust immunity must use separate facilities) - Notice on Notice of Eviction for not being Stockholm'd (see 4)
- Testimony of DAVID BAYLES
- Chad's publications re Sherbourne Site Euthanasia Clinic
- Halton Condominium Corporation #77 vs Vily Mitrovic and Zoran Zupanc
- TST-55210-14 re Reasonable Apprehension
- Breach of RTA covenant does not justify termination unless is explicitly provided
- Degrading epithets or labels
("Brown Shirts" and "Nazi Collaborators") - Imperative to provide workplace free from harassment
(aka, reasonably forseeable consequences) - Landlord Witnesses
Landlord Evidence:
Tab 1
Landlord Evidence:
Tab 2
Landlord Evidence:
Tab 3
Landlord Evidence:
Tab 4
Created: | Fri 02/19/21 03:26 PM SHERBOURNE1 |
Type: | Disturbance (Activity) |
Status: | New Unassigned Issue |
Property: | Medallion Corporation 565 Sherbourne Street Toronto, Ontario M4X 1W7 |
Location: | Elevator Lobby - Grnd FL |
Reported by: | 565 Sherbourne Street |
Address: | 565 Sherbourne Street |
Reported Detail:
On Feb 19th 2021 at 1351 hrs, the writer (Decoyda Larsen Paragon Protection LTD 10870627) was in the Security change room when the writer heard a loud male voice yell out the word and security quites this FUCK and a loud bang. The writer went out to check what had happen but did not notice anything. The writer radioed to the front deck who checked the cameras and found that at a few moments before the writer went out, there was a male who resembled 2709. Video and Pictures have been made.
Note: The video clip involves 565 Cleaner Anna.
Notes:
Mon 2/22/2021 9:27 AM - SHERBOURNE1
Updated Feb 22nd 2021. The writer spoke to 565 Cleaner Anna who reported that she was in Ele#5 with another female who got on the 2nd floor. When they got to the main floor, the female got out and 2709 attempted to get in. When he was told by the cleaner that he could not get in because he was not wearing a mask, that made him furious. Anna pressed the door close button and once the door was closed, she heard yelling and a loud bang on the door on the elevator but at the time, was not sure what it was. She spoke to Bruce once she got into P1
Mon 2/22/2021 10:52 AM - JONBAI
Email To: Roisinwebb@medallioncorp.com
Email From: Jonbai
Email Subject: Medallion Corporation - (S) Disturbance (Activity)
Email Body: Attaching Issue with Email
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Landlord Evidence:
Tab 5
Landlord Evidence:
Tab 6
Reported: | Monday, April 19. 2021, at 1605 hours |
Cleared: | Monday, April 19. 2021, at 1608 hours |
Company: | Paragon Protection Limited |
Client: | Medallion Corporation |
Location: | 565 Sherbourne Street Toronto, Ontario M4X 1W7, Elevator Lobby |
Type: | Domestic Problem |
Synopsis:
A known tenant was found verbally abusing an elderly man at the above location, time, and date. The known tenant was not wearing any type of PPE, however, he was seen in the elderly gentleman’s personal space and very close to his face. Security arrived upon the start of the verbal abuse incident and told the known tenant to leave the premises.
Narrative:
On Monday, April 19. 2021, at 1605 hours, Site Security Supervisor (SS), JONATHAN BAILEY #11170455, Paragon Protection Limited (PPL), and Team Leader (TL), BRANDON MARAVILLA #11107239, PPL were traveling to the change room located at 565 Sherbourne Street, Toronto, Ontario M4X 1W7, Elevator Lobby to perform their shift change. Upon arriving at the elevator lobby, the writer overheard loud yelling coming from in-between the elevators. The writer saw a known tenant by the name of CHAD W. TESTES, 2709-565 Sherbourne Street, Toronto, Ontario M4X 1W7 in another elder gentleman’s face, yelling and screaming at him with no PPE (Mask). SS BAILEY yelled over Mr. CHAD W. TESTES advised him to knock it off and to back up. SS BAILEY asked what was going on. Mr. CHAD W. TESTES reported that the elder gentleman had told him he has to wear a mask and when he was told to wear the stated mask, he got defensive and started flailing on the elder gentleman. Mr. CHAD W. TESTES stated multiple times that he is exempt and SS BAILEY informed him that it is fine that he didn’t want to wear a mask, however, he should be wearing a shield at least. SS BAILEY asked Mr. CHAD W. TESTES where he was going. Mr. CHAD W. TESTES advised that he was leaving the building. SS BAILEY advised him to do so. Mr. CHAD W. TESTES left without issues. SS BAILEY and TL MARAVILLA spoke to the elder gentleman, to see if he was okay. The elder gentleman stated that everyone should be wearing a mask. His concern was that he is in and out of the hospital 3-4 times a week. Now that Mr. CHAD W. TESTES in his personal space he was even more concerned about his health. The elder gentleman walked away without saying a word as if he was in shock, frustrated, and/or angry. Nothing further to report at this time.
Reported: | Thursday, April 22. 2021, at 1057 hours |
Cleared: | Thursday, April 22. 2021, at 1101 hours |
Company: | Paragon Protection Limited |
Client: | Medallion Corporation |
Location: | 1209-565 Sherbourne Street Toronto, Ontario M4X 1W7 Canada, 12th Floor |
Type: | Domestic Problems |
Audio:
Synopsis:
Security followed up with the tenant who resides and the above location to retrieve a statement about what happened on Monday, April 19. 2021 at 1605 hours. The tenant provided a statement through audio recording.
Narrative:
Mr. BAYLES stated that this incident is not the first time he has come across Mr. CHAD W. TESTES. For every encounter Mr. BAYLES has had with Mr. CHAD W. TESTES, he refuses to wear a mask and that it’s not that Mr. CHAD W. TESTES forgets to wear a mask but he is being defiant to wearing a mask.
Mr. BAYLES reported that Mr. CHAD W. TESTES mocks him every time they run into each other and he also stated that it’s not just with him but other people of 565 Sherbourne Street Toronto, Ontario M4X 1W7 Canada. Anyone seen wearing a mask, Mr. CHAD W. TESTES will continuously mock them and spout out subtle signs (Ed: pseudoscience) in regards to masks ruining the immune system.
On April 19th, 2021, while Mr. BAYLES was taking the elevator with Mr. CHAD W. TESTES, Mr. CHAD W. TESTES started to address his opinions towards MR. BAYLES. Mr. BAYLES stated/responded by saying “People like you are making my life that much more difficult, in this pandemic.” At which point starting screaming at Mr. BAYLES.
Mr. BAYLES reported that when they reached the lobby, Mr. CHAD W. TESTES yelled at Mr. BAYLES saying “How dare you say anything to me (Mr. CHAD W. TESTES) and my wife, somewhere along those lines as per Mr. BAYLES.
MR. BAYLES was accused of openly attacking Mr. CHAD W. TESTES when all he was trying to get across was that Mr. CHAD W. TESTES and his wife aren’t wearing masks and that is not fair. Thereafter Mr. BAYLES comment, Mr. CHAD W. TESTES blew up at him and at that time security intervened and demanded Mr. CHAD W. TESTES to back up and to knock it off.
Mr. BAYLES expressed his concern about Mr. CHAD W. TESTES about him being temperamental and that whenever they do run into each other, Mr. CHAD W. TESTES may continue his vulgar actions.
Mr. BAYLES advised that he has not seen Mr. CHAD W. TESTES since April 19th, 2021. SS BAILEY gave MR. BAYLES his business card and should he ever feel unsafe or be near Mr. CHAD W. TESTES to give security a call and they will help deescalate the situation.
Nothing further to report at this time.
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Landlord Evidence:
Tab 7
Landlord Evidence:
Tab 8
Landlord Evidence:
Tab 9
Landlord Evidence:
Tab 10
Landlord Evidence:
Tab 11
Landlord Evidence:
Tab 12
Landlord Witness List
- David Bayles, Tenant at 565 Sherbourne st
- Anna, Cleaner ar 565 Sherbourne St
- Roisin Webb, Property Manager at 565 Sherbourne St
-
Jonathan Bailey, Site Security at 565 Sherbourne St
-
Brandon Maravilla, Site Security at 565 Sherbourne St
Comments
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