This morning, I was notified by email of an interim order issued by the LTB. To summarize the contents of this LTB order: It says that a number of the units in the building will have their N13 eviction applications rejected due to the landlord not paying compensation by the required deadline. For the rest of the tenants, there is no conclusion yet since we ran out of time at the May 26th hearing. Additional testimony on the merits of these N13 applications will be heard at a future hearing that has not been scheduled yet.
The order contains the following noteworthy statements show below "in quotes". I have redacted some specific information using [in brackets] below:
"1. This interim order is issued to decide the Tenants’ preliminary motion to dismiss some of
the applications. For the reasons that follow, the motion is granted."
"39.The Landlord has not proved, on a balance of probabilities, that it paid compensation in
respect of the [various dates] units by those deadlines. It paid [a tenant]
compensation for unit [unit number] on [date], which was after the deadline. It has not
proved that it paid the other [multiple units] at all."
"47.The applications against the [multiple units] with termination dates of [various dates] will be dismissed."
"It is ordered that:
1. The following applications are dismissed: [multiple units]
3. The following applications are adjourned to be heard together on a date to be set by the LTB: [most of the remaining tenants]"
In relation to questions that several tenants asked me about my testimony regarding insertion of documents into mail slots, the interim order from the LTB contains several statements that further explain the significance and relevance of testimony (such as the testimony that I provided) regarding insertion of mail into mail slots:
"35. The Landlord proposes an alternate explanation for [tenant's] testimony. It suggests
that perhaps [landlord's rep] delivered the payment on time, but did not put it all the way into
the mail slot. Perhaps the envelope fell out into the hallway, where somebody picked it
up and returned it to [landlord's rep]."
"36. The Landlord’s theory is farfetched, but even if true it would not assist the Landlord. If
[landlord's rep] had only delivered the payments partway through the mail slots, such that some
of them fell out and were returned to his office, then it would be impossible for the
Landlord to prove which payments, if any, had actually been delivered to the Tenants."
What's Happening?
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250 Frederick street in Kitchener Ontario, has been purchased by a new landlord who promptly began issuing N13 eviction notices in bad faith. Tenants have been treated extremely poorly. Many of the tenants at 250 Frederick are elderly, vulnerable minorities, and workers in essential services such as health care. I created this web page to try and help these people. This web page is owned and operated independently by Robert Elder. All opinions, resources, and materials expressed herein are expressed on behalf of Robert Elder himself, and are NOT affiliated with any tenant union(s), ACORN, or other community organizations. I am not a lawyer, and nothing here should be taken as legal advice. |
Important Dates
- As requested, I will no longer be posting any information here about upcoming tenant meeting dates or meeting minutes in order to comply with the respective organization's privacy policy. If you are looking for information about these events, send me a message through the contact form and I will put you in touch with someone who can provide information on these affairs.
- An additional N13 Merits Eviction Hearing is currently expected some time in the future (June/July?), 2025
Did You Receive An N13 Eviction Notice?
- Don't panic! An 'N13 Eviction Notice', doesn't necessarily mean that you have to move out! It even says so directly on the fine print of the Official Landlord and Tenant Board N13 that you received: What if you disagree with the notice? "You do not have to move out if you disagree with what the landlord has put in this notice. However, the landlord can apply to the LTB to evict you. The LTB will schedule a hearing where you can explain why you disagree."
- Reading further it says: What if the landlord applies to the LTB? "If the landlord applies to the LTB to evict you, the LTB will schedule a hearing and send you a copy of the application and the Notice of Hearing. The Notice of Hearing sets out the date, time and location of the hearing. At the hearing, the landlord will have to prove the claims they made in this Notice to End your Tenancy and in the application and you can respond to the claims your landlord makes. If the LTB issues an order ending your tenancy and evicting you, the order will not require you to move out any earlier than the termination date included in this notice."
- According to anecdotal reports, it can take many months before a hearing at the landlord tenant board even happens in the first place.
- The new landlord who bought this building, Michael Klein, is extremely famous for using bad-faith N13 'renovictions', and pressure tactics to coerce people into leaving their inexpensive units, or accept higher rents.
- What Should I Do Now? Take time to read up on what your rights are in this situation and be very careful about signing anything! Don't sign anything under pressure! This web page includes links to more information and organizations that may be able to help you in this situation. You should also consider reaching out to a paralegal to review what your options are.
News
Today, a tenant asked me to explain why I provided the additional testimony about delivery of notices and cheques at the tenant board hearing on Monday. My reasoning behind providing this testimony was to provide the LTB with additional grounds for rejecting N13 applications where improper service of documents occurred (such as in the case of compensation cheques).
The LTB has rules that must be followed for serving documents:
How to Serve a Landlord or Tenant with Documents
On the LTB's web site, it says
"
If you don’t serve a document that you were required to, it is possible that your application or motion will be dismissed. If you serve a document using a method that is not permitted, you may be required to prove at the hearing when and how the other party received the document"
Reading further, it says
"More Methods of Service [...] Person or organization you are serving [...] Tenant, subtenant, or occupant of the rental unit or a co-op member [...] Place the documents under the door of the unit or put them through the mail slot in the door of the unit (as long as the person is still in possession of the unit.)"
elsewhere on the page, it says "by leaving it at the place where mail is ordinarily delivered to the person"
In my personal experience, the mail courier who ordinarily delivers mail is always able to fully insert mail through out mail slots. However, also in my experience, this landlord has a habit of improperly inserting documents into mail slots in such a way that they are likely to fall out and get lost without the tenant's knowledge, which supports the idea that improper service of documents may have occurred. Furthermore, any applications for eviction orders that rely on improperly served documents should thus be rejected.
The LTB has rules that must be followed for serving documents:
How to Serve a Landlord or Tenant with Documents
On the LTB's web site, it says
"
Consequences of not serving or not serving correctly
If you don’t serve a document that you were required to, it is possible that your application or motion will be dismissed. If you serve a document using a method that is not permitted, you may be required to prove at the hearing when and how the other party received the document"
Reading further, it says
"More Methods of Service [...] Person or organization you are serving [...] Tenant, subtenant, or occupant of the rental unit or a co-op member [...] Place the documents under the door of the unit or put them through the mail slot in the door of the unit (as long as the person is still in possession of the unit.)"
elsewhere on the page, it says "by leaving it at the place where mail is ordinarily delivered to the person"
In my personal experience, the mail courier who ordinarily delivers mail is always able to fully insert mail through out mail slots. However, also in my experience, this landlord has a habit of improperly inserting documents into mail slots in such a way that they are likely to fall out and get lost without the tenant's knowledge, which supports the idea that improper service of documents may have occurred. Furthermore, any applications for eviction orders that rely on improperly served documents should thus be rejected.
Today, I attended my N13 merits hearing. Several witnesses were called upon and cross-examined to discuss the merits of the proposed 'extensive renovations'. Various facts about the proposed plumbing work and the state of the building was presented. The day ended just before an additional witness was to be called upon to testify in relation to the proposed plumbing work. An additional hearing is anticipated some time in the future, but nothing has been scheduled yet.
According to these Instagram posts by acornontario, the tenants at '94 beck' and '201 & 195 lindsay street' (also Michael Klein properties) won their cases at the LTB:
201 & 195 Lindsay Street
94 Beck
201 & 195 Lindsay Street
94 Beck
This morning, I received a notice from the Landlord and Tenant Board of Ontario, that my next L2 merits hearing will be scheduled for May 26, 2025.
Today, on February 28th, 2025 I observed the following sign outside of 250 Frederick St:
On February 5th, 2025, the following letter was placed in my mail slot:
The letter states that there was a 'change in building management', however the name listed for the site manager appears to be the same as what is was previously. In addition, a new name is listed for the superintendent. Several days later, I spoke with someone in the hallway who was cleaning. I asked them if the building owner changed, and they said it was still the same owner.
The letter states that there was a 'change in building management', however the name listed for the site manager appears to be the same as what is was previously. In addition, a new name is listed for the superintendent. Several days later, I spoke with someone in the hallway who was cleaning. I asked them if the building owner changed, and they said it was still the same owner.
An article was published that claims a decision was handed down by an adjudicator of the Landlord and Tenant Board (LTB) tribunal that dismissed a temporary eviction application brought by the landlord of 80 Guestville Avenue, purportedly a Michael Klein affiliated property:
Continue To Page 2 >>>
Past Dates
- My N13 Merits Eviction Hearing is currently scheduled for May 26, 2025
- On October 2nd 2024, an event by ACORN Ontario will take place at multiple locations where renovictions are currently taking place. The full list of times and locations is as follows:
UPDATE:This morning, someone forwarded me an email from 'kw@acorncanada.org' that contains the following update:
"LOCATION CHANGE: For Waterloo Region this event has been moved. We will not be meeting in front of 250 Frederick, instead tomorrow will be an outreach event held at 141 and 149 Borden Avenue."
"Members will be tableing outside 141 and 149 Borden Ave to connect with tenants whose buildings were recently bought by Klein to give tenants information about their rights and help organize the new tenant union!"
- Toronto - 3 Torbolton Dr, 1PM
- Hamilton - 221 Melvin Ave 1PM
- Lindsay - 195 & 201 Lindsay St S - 1PM
- London - 1270 & 1280 Webster - 1PM
- Kitchener - 250 Frederick St - 1PM changed to 141 & 149 Borden Ave - 1PM
- Toronto - 994 O'Connor St, 1PM
The associated Facebook event is https://www.facebook.com/share/EoH84P8ZNRZ8jam5/
- Committee of Adjustment for the City of Kitchener will meet in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on TUESDAY, MARCH 18, 2025, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent...A 2025-026 - 250 Frederick Street Source: COMMITTEE OF ADJUSTMENT - CITY OF KITCHENER
- Tuesday July 16th, 2024 at 10am: There is a meeting on July 16 at 10am at Kitchener City Hall, Conestoga Room. This meeting relates to opposing proposed changes to the parking allowance for the building.
- Monday July 8th, 2024 at 6:00-7:30pm: The next tenant meeting will take place at the usual location at 23 Water Street, Kitchener.
- June 22 at 1:30pm, 2024 : Several tenants are organizing a gathering that will take place in Weber Park on Saturday, June 22 at 1:30pm (Or June 23 if it rains). The purpose of this gathering is to provide tenants with a chance to chat, connect, and get to know their neighbours with no agenda. Bring your own lawn chairs, snacks, and drinks. There are a few picnic tables in the park, but probably not enough to seat everyone.
- May 8th, 2024 1pm: The march to city hall is on May 8th at 1PM. Facebook Event Link Meet in front of the building at 1pm, or at city hall at about 1:40pm. Invite everyone you know and wear red if you can so we stand out!
This web page was created, managed, and hosted by current resident Robert Elder, a 7-year tenant of 250 Frederick.
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