— Part Twelve — THE INVALID / ILLEGAL N5’S

THE INVALID / ILLEGAL N5’S

Earlier you heard about the racist Caucasian SJTO member Kevin Lundy making reference to the Caucasians Applicants Stella Reddy, Luigi Liscio and his son Anthony Liscio first Notice of Entry dated August 22, 2017 and no reference to the SECOND SJTO required Notice of Entry dated September 01, 2017.

Reading any SJTO Form N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding

The SJTO legal document clearly stated;My Reason(s) for Ending your Tenancy

I have shaded the box(es) next to my reason(s) for ending your tenancy. I have also indicated whether this notice is your first or second Notice to End your Tenancy. 

[ ] Reason 1: Your behavior or the behavior of someone visiting or living with you has substantially interfered with another tenant’s or my

  • reasonable enjoyment of the residential complex, and/or             
  • lawful rights, privileges, or interests

[ ] You have 7 days to stop the activities or correct the behavior described on page 2 and avoid eviction. You will not have to move out if you correct the behavior described on page 2 within 7 days after receiving this notice. However, if you do not correct the behavior within 7 days, I can apply to the Board for an order to evict you.

[ ] I can apply to the Board immediately for an order to evict you. This is your second Notice to End your Tenancy in the past 6 months for a reason with a 7-day correction period. You cannot void this notice and I can apply to the Board for an order to evict you.

So this is a two stage process according to the SJTO own legal document – Form N5.

Stage One – The tenant gets a N5 and “ you have 7 days to stop the activities or correct the behavior ” to avoid being evicted.

You have 7 days to stop the activities or correct the behavior described on page 2 and avoid eviction. You will not have to move out if you correct the behavior described on page 2 within 7 days after receiving this notice. However, if you do not correct the behavior within 7 days, I can apply to the Board for an order to evict you.

If the tenant “correct your behavior ” and nothing occurs within the next 7 days. End of process, The tenant is good to stay, no eviction hearing.

But if you DO NOT correct your behavior and another incident occurs with in the 7 day time period.

Then it escalates to next section down, Stage Two.

Stage Two – I can apply to the Board immediately for an order to evict you. This is your second Notice to End your Tenancy in the past 6 months for a reason with a 7-day correction period. You cannot void this notice and I can apply to the Board for an order to evict you.

Let us emphasize and remember the word “ second ” which is BOLD text, and the line “ Notice to End your Tenancy ” that is italic.

When something is written in bold, and/or when text is italic the writer, in this case the SJTO, is using bold and italic to call attention to certain words in a block of text. To create an emphasis / importance on that particular block of text.

So the writer of SJTO own legal document – Form N5. ( SJTO ) clearly wanted to emphasize the importance of their being a “ second Notice to End your Tenancy ” given to the tenant by the Landlord,  before a Landlord has the authority to apply to have a tenant evicted.

There is no argument that this is the same process all 3 “ Reasons ” laid out on the SJTO legal document – Form N5.

It clearly states in black, bold and italic text that a “ second Notice to End your Tenancy ” HAS TO BE GIVEN BY THE LANDLORD BEFORE THEY HAVE THE AUTHORITY TO APPLY TO EVICT A TENANT!

Now remember the racist Caucasian SJTO member Kevin Lundy and his racist and bias October 3, 2017 order to state “ however this cannot be taken as evidence that Stella Reddy’s comments necessarily dictated her actions as a superintendent, particularly as there was no defect on the Notice of Entry served on  August 22, 2017 ”

The racist Caucasian SJTO member Kevin Lundy is only referencing and relaying on the Caucasians Applicants Stella Reddy, Luigi Liscio and his son Anthony Liscio FIRST Notice of Entry dated August 22, 2017 and not the SECOND required Notice of Entry dated September 01, 2017.

Why does the racist Caucasian SJTO member Kevin Lundy only rely on the FIRST Notice of Entry and not the ” SECOND “ required SJTO own legal document – Form N5?

Because the racist Caucasian SJTO member Kevin Lundy cannot rely upon the SJTO required “ second Notice of Entry ” dated September 1, 2017 because he had deemed himself as being invalid / illegal.

That means that the Caucasians Applicants Stella Reddy, Luigi Liscio and his son Anthony Liscio L2 eviction application was filed on was deemed to be an invalid / illegal N5 by the racist Caucasian SJTO member Kevin Lundy.

The racist Caucasian SJTO member Kevin Lundy racist and bias October 3, 2017 states;

  • “ the Landlord lacked authority under the Act to serve a second N5 Notice. As a result, I find that the second ( Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding ) N5 Notice is invalid… particularly as there was no defect on the notice of entry served on August 22, 2017 ”

So the racist Caucasian SJTO member Kevin Lundy took it upon himself to change the rules and re-write the SJTO legal document – Form N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding to now say…

  • I can apply to the Board immediately for an order to evict you. This is your FIRST Notice to End your Tenancy in the past 6 months for a reason with a 7-day correction period. You cannot void this notice and I can apply to the Board for an order to evict you.

Verse the standard and accepted SJTO legal document – Form N5 says of;

I can apply to the Board immediately for an order to evict you. This is your second Notice to End your Tenancy in the past 6 months for a reason with a 7-day correction period. You cannot void this notice and I can apply to the Board for an order to evict you.

So instead of the racist Caucasian SJTO member Kevin Lundy doing what was clearly outlined on the SJTO legal document – Form N5 that was required of the Caucasian Applicants Stella Reddy, Luigi Liscio and his son Anthony Liscio to do when applying to have the interracial married couple / tenants evicted.

The racist Caucasian SJTO member Kevin Lundy AGAIN did some backroom shenanigans and allowed his personal dislike and negative personal opinions about the Angry Black Woman and her diverse family to supersede his professional obligations and duty under the law.

The racist Caucasian SJTO member Kevin Lundy under the shroud of mystery and without anyone’s knowledge AGAIN! The racist Caucasian SJTO member Kevin Lundy decided that there was no need for a second SJTO legal document – Form N5 to evict the interracial married couple / tenants. Instead he blatantly and illegally used the FIRST N5 dated August 22, 2017 to justify his eviction of the interracial married couple / tenants.

There is no argument that this is what the racist Caucasian SJTO member Kevin Lundy did! He proudly and boldly states it in his order “ the Landlord lacked authority under the Act to serve a second N5 Notice. As a result, I find that the second ( Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding ) N5 Notice is invalid… particularly as there was no defect on the notice of entry served on August 22, 2017 ”

Let us also note that AGAIN the racist Caucasian SJTO member Kevin Lundy never raised this issue/argument of the invalid second required SJTO legal document – Form N5 during the hearing.

Because AGAIN the racist Caucasian SJTO member Kevin Lundy  pulls his backroom shenanigans after the hearing was done, and it went into reserve. Then and only then did the racist Caucasian SJTO member Kevin Lundy decided to now was the time address the issue of not needing a second SJTO require legal document – Form N5 when evicting a tenant when no one was around to challenge him about it.

Again if the racist Caucasian SJTO member Kevin Lundy decided to address this issue at the hearing. The interracial married couple / tenants would have argued that you cannot support a L2 eviction application on a second  invalid/illegal SJTO legal document – Form N5.

So by the racist Caucasian SJTO member Kevin Lundy deciding to re-write and / or ignore his own SJTO legal document – Form N5 after the hearing, in reserve and no one around to challenge him on it.

By not allowing the interracial married couple / tenants opportunity to even know or argue something that was going to be used unknowing against them to evict them from their unit.

The racist Caucasian SJTO member Kevin Lundy and his troubling and secretive intent and efforts to protect the Caucasian Applicants Stella Reddy, Luigi Liscio and his son Anthony Liscio and their L2 Eviction Application clearly are defined as being a Kangaroo Court.

  • Kangaroo Court is defined as; a court that ignores recognized standards of law or justice and often carries little or no official standing in the territory within which it resides. The term may also apply to a court held by a legitimate judicial authority which intentionally disregards the court’s legal or ethical obligations.

So again why did the racist Caucasian SJTO member Kevin Lundy go so far out of his way to do this?

Unfortunately we will never know because the racist Caucasian SJTO member Kevin Lundy, the SJTO and their legal team has chosen to instead invoke their rights to stay silent and choosing not to participate in ANY proceedings where they could be questioned on their racist, prejudice and discriminatory behavior.

There is no doubt that the racist Caucasian SJTO member Kevin Lundy  is again trying to protect the Caucasian Applicants Stella Reddy, Luigi Liscio and his son Anthony Liscio and their L2 eviction application against the interracial married couple / tenants.

Did the racist Caucasian SJTO member Kevin Lundy just think that the Angry Black Woman would just take his racially motivated order and walk away? Did he think that because she was black that she was not educated enough or smart enough to just read and understand what was written on the SJTO legal documents – Form N5?

Did the racist Caucasian SJTO member Kevin Lundy think that he could slide this through the system and no one would catch it? Hoping to use it again on some other unsuspecting non-white that appears before him or maybe even used by another bias SJTO adjudicator?

Would the racist Caucasian SJTO member Kevin Lundy have tried his bullshit shenanigans and maneuver if the interracial married couple / tenants were Caucasian and/or had a lawyer?

Supporting case law

TSL-87869-17 (Re), 2017 CanLII 142725 (ON LTB)

SWL-14168-18 (Re), 2018 CanLII 88624 (ON LTB)

TSL-95762-18 (Re), 2018 CanLII 111695 (ON LTB)

TSL-85686-17 (Re), 2017 CanLII 142645 (ON LTB)

TEL-63757-15 (Re), 2016 CanLII 38368 (ON LTB)

These are only 5 SJTO case law that clearly show that if ANY N5 is invalid, that any attached application ( L2 included ) must be dismissed. A Landlord cannot bring an application to have a tenant evicted based on an invalid/illegal SJTO legal document – Form N5.

So reviewing the racist Caucasian SJTO member Kevin Lundy behavior, it is clear that he thinks that he is above the normal and acceptable decision making process for SJTO adjudicators.

There is no room for confusion or for misunderstanding. The law is straight forward,  the SJTO legal document – Form N5 needs to be valid if any applications are to proceed forward.

It is clear that the racist Caucasian SJTO member Kevin Lundy deliberately, conveniently and inaccurately misinterprets his understanding of the law.  The racist Caucasian SJTO member Kevin Lundy unlawful interpretation only opens a door of favoritism for Landlords and is extremely bias and unfair against any tenant(s).

According to the racist Caucasian SJTO member Kevin Lundy a second, or any N5 can be invalid when Landlords seek to evict a tenant.

A Landlord can make up literally any excuse they want, just so they can create a deliberate invalid/illegal Form N5, just so they have something to piggy back their L2 eviction application on into the system.

The Landlord knows that the N5 they used is going to be deemed invalid / illegal, but what do they care? The just need to get their eviction application is in front of an adjudicator like the racist Caucasian SJTO member Kevin Lundy who only cares about the eviction application and not how it got there.

This procedure that the racist Caucasian SJTO member Kevin Lundy wants to use would be the equivalent of the police getting an illegal warrant to search your house, gain evidence, then go to court an saying that evidence presented is still admissible despite presenting to the courts on an illegal search warrant.

That would never work in the courts of law, but it appears that it works in the Landlord Tenant Board with the SJTO.

The amount of narcissistic, arrogant and self-absorbed belief by the racist SJTO member Kevin Lundy leaves any person speechless.

The only reason people like the racist Caucasian SJTO member Kevin Lundy pull these types of unlawful decisions is because tenants do have the resources, finances or local support  to help them call out these types of discriminatory behavior. IT IS THAT SIMPLE!

Being through the system we can tell you that there is absolutely no resources out there that can assist or help any tenant who wishes to fight a unlawful decision from any SJTO member. No matter how blatantly wrong and obvious it is.

These alleged support groups that are supposed to help you, an example is the West Scarborough Community Legal Services won’t assist you, no matter how bizarre they agree the decision is because they don’t gain anything financially out of it, bottom line!

When we filed with Divisional Court, it was certainly a live and learn process of which at times was complicated. But thankfully unlike the Court of Appeal for Ontario. They were helpful, knowledgeable, understanding and the staff did not make racist comments about interracial married couple / tenants black complexion.

But in the end, the Divisional Court says that people like the racist Caucasian SJTO member Kevin Lundy have at their own Caucasian discretion to choose what they deem as to be racist or not.

That basically means the Human Rights Code, Code of Conduct, Canadian Bill of Rights, Charter of Rights and Freedoms, Canadian Multiculturalism Act, Natural Justice and Code of Conduct can  all take a back seat to what the racist Caucasian SJTO member Kevin Lundy wants to interrupt as what he thinks personally as being offensive to any non-Caucasian.

But let us remember that even the racist Caucasian SJTO member Kevin Lundy stated that the Caucasian Applicant Stella Reddy spoke like a racist.

Even three Divisional Court Judges

M. Dambrot Wilton-Siegel M. Emery

agreed with the racist Caucasian SJTO member Kevin Lundy that the Caucasian Applicant Stella Reddy speaks like a racist.

They all just said that it just was not relevant to the matter in front of the racist Caucasian SJTO member Kevin Lundy, nor was it relevant to the interracial married couple / tenants T2 application that was to be heard in 34 days later that was directly related to the Caucasian Applicants racially motivated L2 eviction application against the interracial married couple / tenants.

That in and among itself is a whole different story that I will address on a different day. There is so much discrimination and lack of comprehension about the situation by the Divisional Court judges

That it amazing who these three racist judges even remember their names in the morning.

These three racist Divisional Court Judges ability to magically be able to read the racist Caucasian SJTO member Kevin Lundy mind, and know what he was think when writing is order is absolutely astounding.

But when you’re protecting one of your own and the four of them all hold the same negative opinion about black people. Of course they all can be on the same page. They all think the same! This is what is called systematic racism!