Killing Ontario » Motion for Leave to Appeal for Judicial Review

Motion for Leave to Appeal for Judicial Review

This is the Motion for Leave to Appeal under the JRPA I was drafting last night.. Someone reminded me today that unless I exhausted all avenues by covering the SPPA avenue, opposing counsel would like motion for an Ex Parte dismissal. As Ex Parte maneuvers are a preferred weapon of lawfare for most landlords, I was convinced to keep my options open by attacking the Eviction Application from the substantive angle of Fact, with the SPPA, rather than attacking the batshit crazy procedural modus employed by the brownshirt Tribunal members on their vile application of Law.

  • Thinking it over now, that might not have been the best choice, but I was definitely NOT on my game as I was operating on 3/48 sleep. So, I'm gonna leave this kernel up for your lulz and general edification of how to play tag using a baseball bat with a spike driven through the tip. (Negan)

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Please forgive the typos. I'm fucking seeing double vision. Thx.


 

Wow.. This has certainly been a hectic 9-days since our  Eviction Order was first issued on Feb09 by Randy Aulbrook. Then, hen had to run around and exhaust all the avenues of appeal at lower levels, until the LTB actually reviewed and re-issued the order as "proper" by another LTB Member (Douglas Wilkins) which I'll spool to the site over the weekend.

The problem I have is the fact that the Eviction Order issued by Aulbrook is enforceable no sooner than Feb21 Mon. I was originally planning to leave it to the very last moment and submit my Application for Judicial Review Monday morning. However, tonight my wife was crying about us being evicted on Monday, so I buckled down and pulled an all-nighter. I've never done an Application For Judicial Review, so it likely took me longer than a proper lawyer.

But I'd reached around to Swadron Associates, Rocco Galati, and even Formative Law. Now, I know Rocco is still recovering, but somebody from his office MUST be monitoring his email account. So, nobody was interested in listening, and nobody had donated to our fundraiser (Square) so I had to do it myself.

I'm a bit bleary-eyed right now, so you'll notice a few typos and structural errors on the Urgent Application, but I'm including it below for your amusement. I'll put the PDF up by Tuesday, I hope.


 

 
NOTICE OF APPLICATION
Judicial Review of LTB File TSL-21777-21

Appeal from the Final Order of Randy Aulbrook ordering forcible removal of the Appellant and his wife from their fully paid apartment at 565 Sherbourne St no sooner than Monday Feb 21st, 2022 and further extorting an additional sum of $10,681.82 in compensatory damages for daring to express an opinion counter to the COVID-19 cult-like belief and fixed false ideation.

I require 4-hours for this hearing, and I will be calling on the expert testimony of Prof Denis Rancourt as an expert witness on the destructive and deleterious effects of the COVID-19 plandemic on the socioeconomic of our community.

Title:

  • TSL-21777-21
  • Landlord &Tenant Board, Toronto South Region

 

Parties:

  • Mark Melchers and Marija Pavic for Medallion Corporation (The Landlord)
  • No Representation for Chad* and Stacy* (The Tenants)
    *Pseudonyms are being used on the cover to prevent the tenants suffering further harassment and abuse for their expression and exercise of political, religious and medical, rights and freedoms.


———————————————————————————————————
QUIS CUSTODIET IPSOS CUSTODES?
———————————————————————————————————


Dear Mr Melchers, Toronto South Registry for the Landlord and Tenant Board, and Divisional Court, 

Please take this email as Notice on Notice of Motion for Leave to Appeal the Order of Randy Aulbrook made on February 9th, 2022. This decision was rife with both factual and procedural errors, but for this Motion I will deal with the errors in law.

For this Notice I will disembowel the order of Mr Aulbrook by showing that the Landlord and Tenant Board prevented the Tenant from making proper response by disregarding his written submissions provided on account of my inability to appropriately entertain the kangaroo tribunal's farcical process, and actively interfering and further abrogating myself of the right to make proper and complete response to the Application of Medallion Corporation (the Landlord) before the Board.

I explained (in writing) to the Board that I was unable to make competent response to the Landlord's Application as my wife was 4225km away arranging the funeral of our mother and settling her estate I explained to the Board that I was an emotional mess consequent to the absence of my wife, only to be derided by the presiding member Randy Aulbrook.

I have been loudly critical of the Ontario Government's response to the COVID-19 plandemic with its unreasonable and depraved executive orders and egregious regulations that fly in the face of the proper scientific method, and I have been vocally critical of the Landlord's farcical enforcement of "mandates" as ab absolute law, which they have claimed carries more weight than any oher laws or duties, and quash the Tenants' rights and freedoms.

The decision of Mr Aubrook even admits that if I had just quietly surrendered my right to personal autonomy, stopped informing other tenants about our rights that are being trampled by various Brownshirt corporations of the misguided and fixed false narrative that has been pounded into the communal psyche by the propagation of factitious propaganda, instillment of an unquestioning and unerringly obedient ethos, and punishment of "wrongthink."

  • 12.    I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Tenant(s) were provided an opportunity to retain their tenancy by refraining from having unwanted conversations with other tenants regarding the COVID 19 pandemic and their personal choice on vaccinations and masks, to no avail.
    (TSL-21777-21 Eviction Order Determinations, Para 12)

Mr Aubrook also claims that the Landlord received reports of abusive behaviour consisting of "ongoing preaching to [other tenants about my] own opinion about vaccinations [and] to speak inappropriately to other tenants regarding their personal beliefs of the COVID pandemic. 

  • A second (N5) notice was given to the Tenants on April 30, 2021 for further abusive behaviour complaints that the Landlord received from other tenants in the residential complex regarding the Tenant (CWT) ongoing preaching to them about his own opinion about vaccinations. The Tenant (CWT) continued to speak inappropriately to other tenants regarding their personal beliefs of the COVID pandemic.
    (TSL-21777-21 Eviction Order Determinations, Para 8)

The mere fact that Mr Aulbrook made these two specific utterances calls into question the rationale behind his judgement, and as he succinctly closes his Order with the simple phrase that effectively declares that his word is the Supreme Law.

  • 14.    The order contains all the reasons for the decision within the order. No other reasons will be issued.
    (TSL-21777-21 Eviction Order Determinations, Para 14)

Mr Aulbrook erred substantially in Law by violating numerous Charter Rights (Section 2, Freedom of Conscience and Expression), The Ontario Human Rights Code, and even violating the inbuilt limitations and restrictions of the Reopening Ontario Act.

I am appalled that the Board has acted in this fashion, and hereby providing Notice that I am making an URGENT APPLICATION FOR JUDICIAL REVIEW OF LTB ORDER TSL-21777-21. This order was made an delivered in s fashion preventing me from acting with appropriate promptitude.

I additionally make Application for relief in the form of Injunctive Stay pending Perfection and appropriate Hearing of my Application for Judicial Review. I urgently require this relief on the fact that albeit this is a prima facie case of quasi-judicial activism gone wrong, I cannot properly Perfect my Application for Judicial Review if this farcical Order remains in force.

The mere fact that this Order was issued without  so much as a raised eyebrow brings —nay, throws— the administration of justice into disrepute. In order to maintain the integrity of our judiciary, this Order must be Stayed, and the presiding member subjected to an immediate cognitive assessment, before he causes any further miscarriage of justice under his questionable competence.

I am further requesting that the identites of my wife and I be protected beyond the scope of a mere acronym with alternate identities "Chad W. Testes" (CWT) for the male tenant, and "Stacy W. Cerebri" (SWC) for the female tenant, as demonstrated in the attached:
20220209 TSL-21777-21_L2 TD Feb 20-signed-REDACTED-and-PSEUDONYMIZED.pdf

And further demonstrated in the article:
https://covfefebakery.org/registry/ltb/tsl-21777-21/eviction-order

I am not a lawyer or paralegal, and you may not like the fact that I will vociferously defend my fundamental rights and freedoms, but that gives neither you nor the state the right to deprive me of my God given Rights and Freedoms. If the Landlord and their Counsel don't like the citizens having and knowing their rights, then they can both move to North Korea and have some apple pie.

I am requesting a FEE WAIVER be endorsed for my situation. Not only am I doing this in the public interest, but my fundraising efforts have netted precisely $0.00 dollars for the campaign nd I can barely afford to put food on the table with the overhead of maintaining these servers in the public interest. No good deed goes unpunished, right?

In the alternative, I request an instalment plan be allowed.

I will defend my rights to the death, because the Landlord and their Counsel are most assuredly wrong in this case. I am appalled. May God have mercy on us all, but most assuredly on Aulbrook. I certainly hope he isn't suffering some sort of neurological degradation consequent to the rapid onset of dementia consequential to his being "proudly double vaxxed" as explore on our sites:

Thank-you, and please confirm your receipt of this message and subsequent issuance of relief in the form of the requested Interim Stay. May I additionally be provided access to Osgoode Hall Law Library and perhaps an Articling Student to assist with Perfection of my Appeal?
--
Chad, Chief Operating Officer, Covfefe Bakery
Internet Security, Operations and Intelligence
Tel:        +1 716-608-3531


Cc:

  • Marija Pavic, Lead Counsel for Medallion Properties Eviction Squad,
  • Mark Melchers, Vexatious Litigation Specialist for Cohen Highley LLP,
  • Rob Roberts, Editor in Chief for National Post,
  • Denis Rancourt, Ontario Civil Liberties Association,
  • Marshall Swadron, Swadron Associates,
  • Rocco Galati, Constitutional Rights Centre,
  • Amir & Natasha, Formative LLP,
  • Mary J. Scharf, MJS Legal Services
  • 565 Sherbourne Site, Medallion Corporation

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