Okay. Coming Forward. The rental property at 565 Sherbourne Street in Toronto. For the rental unit 2709. Uh.. this is landlord application TSL 21777-21. Okay. I showed the landlord as.. Medallion Corporation. Is there a representative here for Medallion?

Yes. Good afternoon. Mr Mark Melchers and counsel from Medallion.

I don't know. And who are you sir?

Okay. I don't know what that's all about. Okay so do we have any other tenants currently for the rental property at 565 Sherbourne Street in Toronto? Present..

I can't believe my job again. I did it twice.

Okay. Calling out the tenants for the rental property at 565 Sherbourne Street in Toronto. I show a Maritza Ortiz and an Isaac Hillier.

Are either of these parties currently in the hearing room or represented?

Okay so let the record show at 3:33 40. Okay, neither of the tenants are currently present for the rental property at 565 Sherbourne Street in Toronto. So Mr Melchers, Is that the proper name?

Yes.

Okay so this is an application that the landlord filed back on May 4th 2021 relating to an N5 notice given to end the tendency with respect to a number of allegations that were set out.

Okay so let me just quickly review so one deals with the disconnecting of what is called a fire speaker and his crew. Sweet. What what is referred to a fire speaker.

Yes. Mr Chair. I believe you're looking at 1st N5. There are two N5 in the first N5 parts about the fire speaker were actually put into context. We don't.. I don't intend to actually lead any evidence relative to that. Um It's ah right, yeah. Sorry, pull it up here.

Okay. Because I guess my point was is I've looked at the pleadings that are part of the notice okay and they're quite involved. Okay. The question I left after reading your N5 notices is what is the tenant to refrain or correct from based on the notice given? Okay. It was very very involved but there was no real direct question uh in that notice.

Okay, well the first and five, it was particularly looking at paragraph six for example, October 28, 2020 tenant referred to the landlord staff as the Ku Klux Klan on December 3rdm 2020. Ah.. uh.. The attendant Mr Bon Hillier. Uh you'll see some vulgar language including calling the landlord staff brownshirts, nazis saying "Heil Hitler!" He also ripped down a uh a light from a common area hallway and took it down and put it on the desk and the landlord's office saying don't reinstall this light when the landlord tried to reinstall the light. He then tried or he did start recording the landlord Superintendent reinstalling the light. Um.. So you know that's a number of incidents where he to potentially interfered with the landlord's reasonable enjoying Venezuela as its lawful interest in discharging its obligations under the occupational health and safety are.

Okay, well I understand that, Mark, but here here's the thing, I'm looking at your your first N5, right, Your 1st N5 was served effective December 11, 2020.

Okay. Um setting out a termination date of January 2, 2021. Okay. The first N5 notices avoidable, which gives the tenants seven days from the time that the notice was given to remedy the problem or correct the problem. So the Tenant had up until December 18, 2020. Okay and as I pointed out as I go down to your schedule a that forms part of your first end five, it relates to on June 14 the Landlord received a complaint ah with regard to the fire speaker not working. Now I'm just is that the fire alarm? A smoke alarm? What what does that mean? Fire speed.

So the first four paragraphs, there are really kind of there to provide context as it says after that the N5, N6, N7 were previously given relative to those four paragraphs and the landlord proceed any further relative to those because of an apology letter that was received from Mr Bon Hillier. So that wasn't that specific conduct that was to be stopped, that was just included for for context. The conduct that Mr Bon Hillier was to cease with paragraphs 5-9..

okay. As I pointed out, okay I'm looking at your schedule and you're saying from five on, okay, you're just identifying in the schedule the incidents that took place, okay? Um

about the brave verbal slurring comments made.

There is a situation about masks

and then your closing statement is the above is a violation of your lease agreement and the residential tendencies act, The fire code, the occupational health and safety act and medallion corporations, workplace harassment and violence policy.

I gave the whole purpose of giving a notice okay. And in this instance is is for The tenant to be clear after receiving this notice, especially an N5 notice that within the next first seven days this is what the landlord is asking you to correct

Yes,

on the face of your pleadings, okay you're raising the allegations and it's not up to the tenant and it's certainly not up to me to try and decipher specifically what would the tenants if the tenant had been here today? Okay. To dispute the notice is given,

I don't know whether through your pleadings he would know what he would have to do to here today in defense of the allegations being made.

Okay. So I I'm sorry mr taylor I'm not sure exactly what it is that you're trying to tell me. Well, first

of all, the tenant has a right within the first seven days, up until December 18th, 2020 to correct the problems that you've identified in the notice. Okay. You've raised certain allegations, okay. But they're phrased in such a way

a reasonable person would have a hard, hard time understanding. Okay, what am I supposed to do here?

Okay, well Within

the seven days to correct the problem.

Okay, I mean mr With respect to the end four or sorry, the N5 form specifically says, you know, the reason one is checked off, its checked off where it says you have seven days to stop the activities are correct. The behavior described On page 2 to avoid eviction. So that's telling him what is described is what you have to start doing. And then of course on page two, it says, see attached schedule under details of events and date and time and there are a number of very clear descriptions of incidents. That is what he needs to stop doing. You know, it's, it's detail that says exactly what happened and that is what needs to stop calling the landlord staff nazis or brownshirts, um, the ku Klux Klan ripping down light fixtures, you know, to me it's extremely, it's very clear what needs to stop.

Well, I, I

borrowed two different, but let me look at your, your second in five, let's see if it's any different.

Okay, as I pointed out, okay, as a landlord, the landlord has an obligation to make sure that the substance of the notices that they're given clearly set out the allegations that are being raised and what is expected from the tenant, especially under an N. Five A first and five. Now the second and five talks about uh termination date to May 17th, 2021. It's a behavioral issue. Okay? And that this is your second notice within the next within the last six months that you don't have a right to

terminate.

Okay. And in the second and five, okay. States that Mr Hillier is exempt from the requirement to wear a face mask.

And in the first and five you you wanted him to wear a face mask?

Well, yes, so the

subsequent to the service of the first and five, he claimed to be exempt from the face mask bylaw. So for that reason I wasn't planning to make an issue of, you know, the portion of the first and five words as you weren't wearing a face mask. But what is the problem is, again, colleague the landlord staff these vulgar names ripping down light fixtures, uh and of course the the conduct described in the second and five as well

and whether he's wearing a mask or not, he can't go around.

No, no, I totally agree. I'm just saying is this is how how your information is presented as a bit of ambiguous in some way, but let's see if we can get through it and come to some type of clear understanding at least from my point of view as to what grounds would I be granting to end the tendency of we have an uncontested application,

you're right? And it's a I mean they had five obvious is given under sections 64 and the second one under section

68, which means that you had to have given a valid at first and five. Okay. Before you could have issued the second in five,

I'm not going to deem your first end five invalid simply because the tenants aren't here to make a submission either way. Okay. I'm just saying it was very fulsome in your schedule as to the incidents that you were experiencing which are behavioral problems. Okay. So I'll grab the fact that There was a valid and five notice given that wasn't voided, which provided you the opportunity under section 68 To file a 2nd and five notice within the first six months.

Okay.

Okay. So when we're looking at the second and five

we're going to discount the matters to deal with the face mask. Because you've acknowledged that you believe the tenant is exempt from having to wear a face mask.

Right. Well I mean under the by law a person simply needs to claim that they are exempt and you know that's kind of the end of it. There's not really a he's claimed that he is exempt so there isn't a whole lot of

I would tend to disagree. Okay

if they claim it then then there's a whole different procedure that you need to go through

that's just like hearsay evidence right? You either accept it or you don't. So let's look at it. It was later determined upon the security camera but he was heard screaming. A letter was sent to the 10ants.

Mr Hillier immediately was just deceased conduct that interferes with substantial reasonable enjoyment of the residential complex

despite the fact that he entered an elevator not wearing a mask. He was mocking the other tenants for wearing a face mask

yelling obscenities.

Okay so so what are you seeking in your application?

Well we are seeking an order terminating dependency in the application of, I do have four witnesses in attendance if you would like to hear from them.

Are these the parties that he's had interaction with?

Yes. So um one of them is maybe sheriff who is a member of the landlord's administrative staff who can speak specifically. It would be

relative two part of her evidence at least would be relative to the first and five in the incidents that occurred october 28th of december 3rd. The superintendent as well is here who can speak to the incident on December three.

I'm not interested in hearing anything on the end five because we're determining that you're looking to terminate the tenancy based on what's happening in the second and five. Right.

Right. So yeah so there I would still call Miss Sheriff to provide some information about the issues on the second and five and some background as well as Jonathan bailey who's one of the security guards who is present.

Okay so

and what is the name of this individual?

The security guard? His name is Jonathan Bailey.

Jonathan

Jonathan Bailey. Yes and the 3rd 1 would be uh for the third witness I have.

Well let's just deal with the first one. First Jonathan Bailey you want to call in and he is the security representative of the landlord in the residential complex.

Uh yes.. it was during the relevant time. Yeah. Okay. Okay. I believe he's in the waiting room although uh the person with the name Iowa who is in this room right now she is I believe with yeah there are three witnesses that are intended to call. So that's true

when they have to ask them to leave the room during mr bailey's evidence.

So I'm gonna remove you from the hearing room at this stage

and place you in a conference room until such time as we determine

your participation

and who is the other witness whose

uh so there is Jonathan bailey and with Aya there is um

yeah but they're not in the hearing room here right

there. They're not in the hearing room. Both beauty sheriff and uh anna Maria Dominguez Sanchez there with Ia so

so where do we find Mr bailey?

He I believe was in the lobby this entire time

masturbate.

I have

a nerve on my crane

mm hmm

Mr Masters. I still can't seem to find that guy.

You're on youtube.

Sorry if maybe I could.

So he had logged on on his own and sent me an email saying he was logged on and I know he was here for the longest time. So I have Tarragon calling him now to see if they can find out what happened.

Okay while we're waiting here. Mr Levinson, you have a comment?

Yes. Mr Chair. Just wondering it's after

four o'clock

and I noticed that

the matter here and now has

about a number of witnesses. I just

wondered if I'm going

to be reached. I'm just I'm looking at two files. I have yours at 21 park boulevard despite the fact that uh the tenant is not currently here but based on notice is given, it doesn't look like we're gonna get to you.

Alright so

maybe you should return it now. I was just going to say let us call me I'll call out TSL one eight seven one 1-20 For the rental property at 21 Park Boulevard. I'm gonna hereby adjourn this matter as far as overflow that there will be insufficient time to hear the full merits of the landlord's applications in with respect to this property mm hmm. Okay sir. Thank you. Okay. Thank you. Mr Chair. Thank you for sending unavailable dates within 48 hours. That's great. Thank you very much sir. Thank you sir.

Okay calling out the rental property at 26 67. Lakeshore boulevard in Toronto for the rental unit number three landlord. TSL 21868-21.

Just give me one second.

So or is it possible to seek an adjournment?

You'll wait sir until I call you out. I'm going through the process here now. Sorry could you just repeat that file number? Uh TSL 21868-21. Yes that's me. This is I believe is uncontested as well and this involves The state of cleanliness and n. seven notice which is serious matters so lisa I'm not going to be able to commence with this hearing as well so therefore TSL 21868-21 will be adjourned to a later date and within 72 hours if you will provide your availability dates for the remainder of october and november.

Sure. So unavailable dates for October um What

Okay yeah you'll have to let the board know okay therefore when they get the adjourned matter they'll they'll try and schedule this to come back as soon as possible. Um Matters that are adjourned on overflow. You know we try very very hard to expedite the next next hearing date in relationship to the application so

okay so I can sign off

now. Yes you can. Thank you for your patience. Thanks take care.

No.

Okay I'm gonna call out the rental property at 996 Queen Street East in Toronto Landlord Application PSL 18450-20.

Hello. Okay so we have a landlord currently on the line sir. Yes and his son. I will be helping him out. He's just guiding him through all of these documents. It's okay. And do we have the tenant currently on the line? I'm here representing

the tenant and he is as far as I know still present.

Mhm. No problem. Okay. Okay.

Okay so on this application we won't be proceeding as well. This will need to be adjourned to come back on a later date. So a notice will go out to the parties to ask what your availability dates are for the balance of October and November. And we'll make every effort to have this matter rescheduled as soon as possible so that the landlord's application can be properly dealt with. Thank you very much. Thank you. Thank you very much for your time.

Mhm.

Mhm. Okay I'm assuming

That we're free to leave for the day. Yes you are. Yes that's what I said I'm ending the hearing at 4:12 thank you

thank you.

Okay so for the rental property we're back at 565 Sherbourne Street in Toronto the rental unit 2709 landlord application TSL 21777-21. Ah We were coming back and having a witness come forward. Mr bailey you're now in in the hearing room. Okay I need you to affirm you're on mute first of all?

Okay I need you to affirm that the testimony that you're about to give in any answers to questions posed to you will be truthful in all regards.

Yes sir.

Okay thank you. Okay so Mr Meltzer's. Go ahead.

Thank you. Mr Chair Mr Billy. Can you tell us what your occupation is? Um.. At the moment it's it's a Security Professional.. uh.. at the time prices violent lets the Site Security Supervisor. Okay so you're the site security supervisor at 565 Sherbourne. That is correct. Okay and how long did you hold that position? A year? I'll say six months. Okay. And are you familiar then with the residential complex at 565 Sherbourne? Yes I am. And are you familiar with the tenant at that building named Isaac Bon Hillier? Yes I am. Okay and I'd like to refer you to a couple of documents. Mr Chair. Do you have the document brief?

I do have your brief but I need you to refer to the tab in the page.

Sure. Top four pages 12-13

 

 

 

 

Okay

and mr bailey. Could you identify with that document? Is please

this document this priority issue type of disturbance activity against. Mr.

Thank.

Okay and it's dated February 19, 2021. And could you just tell us uh explain what this report is about?

Uh this reports um with me for In regards to a confrontation. He had the 565 m. Um And it was in the elevator time services where um she came across um.. Mr.. um.. Mr Bon Hillier wanted to get into the elevator but she did not feel comfortable um going on to the yellow palma whiskered without a mask. Which at that point he started using profanity. And at that point he physically element

okay so I take it that he kicked the elevator door after it had closed.

Yes sir.

And on Page 13 Can you describe what those photos are?

Okay. Um the top left is elevator number five located at 565 server um at the bottom rights um corner. You'll see um I guess a little whites or what appears to be a white smudge which the footprints of him. Yeah. Okay.

And do you know if if mr Bon Hillier was observed by security at all?

Yeah.

Um Yes. So

he needs

62. Haven't.

Okay

and did you personally see that on the video?

I had to after anna statement. I had to go back. Um I had to go back into the footage to read that. Yes

but you did see it yourself. Okay.

Okay and next I'd like to refer you to tap six pages 18 - 20.

Sorry what pages

18 to 20.

And once you're there. Mr billy? If you could identify that document please?

This document is based on Domestic problem. Um that was on April 20. It was on a Tuesday of 2021.

Right? So this uh Security Yeah, the report was created April 20, 2021. And could you go down to where it says reported detail and described what occurred?

Um Okay, so april sorry guys on april 19th as far as myself shift going to 565 server time uh We came across Mr Isaac Bon Hiller belly hats. Uh and else um In in regards to him being exempt um Mr um popular was close enough um was too close to mr veils um personal space where I intervene and escalate the situation.

So other than claiming that he was exempt from having to wear any form of face covering or a mask. Okay. He was not respecting the social distancing guidelines that an exempt person would be required to follow, correct?

That's that is correct.

And it says in the report that you overheard loud yelling. Do you recall what was being said and who was the one yelling?

Um Other than um appreciate it. David Bayles comments. In regards to the empowering, I'm sorry.

Okay.

Okay and mr chair I do have a short video clip maybe easiest? If I share my screen to play it would be okay.

The nerds

multiple.

Yeah.

And are you able to see the

I am yes,

video on my screen. Okay. Great. And Mr billy, if you could just watch the video and I'll ask you a couple of questions about two minutes.

Okay

so first of all, before you start, okay is who are these that individuals within the screen

um in the pink sweater um on the right hand side. We um we assumed to be Isaac his wife um on the left with the walker. Yeah. And um the gentleman with his hand on I see.

Okay thank you.

Start the video.

Okay that's the end of the video. Mr billy, were you one of the security guards that was shown in that video?

Yes, I was the first Security Guard.

Okay,

doc sharing. There we are.

Okay. And back in the document brief we were just looking at Type six, page 18. Uh on page 19 it mentions or talks about a statement from mr bailes and it's Dated April 22 2021. Did you get a statement from Mr Bills on that game?

Yes. I um I Sorry I went to his apartment on the 22nd

provided statements as well as the audio recorded at the time. Friends Fighting State.

Okay. And Mr Chair, do you have clip of the audio statement that was taken that I'd like to play um to avoid feedback. I think it may be easiest if everybody's microphones are muted and I can play it into my microphone here? Yes, that would be okay.

Try that, thank you.

Mhm.

Mhm.

Okay.

Mhm

sensitive,

great. Yeah,

that's right,

mm hmm.

Mhm.

The audio was very low, so uh but however, we can note that an audio had been presented from the statement from it. A quick summary then of possibly something that we missed. What was the response from the individual

from Mr Bills? Uh Yeah, so he was Mr Bills was just describing basically what happened that, mm hmm he's immuno compromised and Mr BonHillier and his wife, Ms Ortiz were in the elevator with him. They weren't wearing a mask. He was asking them, you know, we're saying to them that they should wear masks at which point Mr Bon Hillier got very upset, started yelling obscenities at him, mocking him for wearing a mask. And we it continued once they reached the ground floor. And of course we saw the video

on the ground floor. Okay. Sounds good. Okay, thank you.

Yes. Um and uh Mr bailey, are you able to I suppose maybe it was difficult to hear, but were you able to hear? And are you able to confirm that that was a recording of the statement that you took from Mr Bills.

Um the recording was very faint to ensure that that reporting from uh J. T. Bills? Um as I also had a branded on my face.

How are we spelling? How are we spelling that? The other tenants name is A. B. E. L. L. S.

It is B. A. Y. L. E. S.

Okay thank you.

and on page 19 of the doctrine of Mr is also a brief synopsis that was written by Mr Billy.

Okay and on page 20 Mr Billy, are those just stills from the security footage that we saw

That is correct?

Okay. Mhm. And those are my only questions for this witness. Mr Kerr?

Okay thank you. Okay I have nothing else. Mr bailey. Thank you very much for your time this afternoon.

Thank you.

Okay

so I just before just before you proceed there, Mark, I've got Mr Mattei,

I note that you're still in the hearing room, are you just observing or? No? And we should

okay. Your matter is adjourned to another date sir. We're not going to be able to get to you finish you that application here today. Okay? Thank you very much.

Okay so sorry Mark, go ahead then.

Yes thank you Mr chair I would like to call uh the sheriff. She was one of the witnesses that was with.

I'm gonna move her back into the hearing room now

thank you.

Uh Sorry to interrupt my socks. Do you want me to stick around with you?

I have no further questions of you. So it'll be up to

yes it's a it's up to you. Mr Bill if you want to stick around if you want to take off?

Okay. Perfect thank you so much.

Okay uh We you're back in the hearing room now.

Hi yes we are back. Okay please spell me your last name please.

Ah A. B. C. D. I. Are set A. O. B. A.

Okay thank you. Okay so you're going to affirm to me that the testimony that you're about to give and any responses to questions posed to you will be truthful in all regards.

Yes sorry. Mr Chair for the confusion. I was actually intended to call the sheriff. She's she's with Ia I is I believe that the building so

yeah she's right here I'm going to hand it to her.

I won't be giving evidence.

Okay baby state your name for the record please.

May be

sheriff. Okay thank you. You're going to affirm that the testimony that you're about to give and the answers to questions posed to you will be truthful. Okay thank you

thank you. B B I'd like to refer you to the document brief that I provided you And I'm going to I'm only gonna ask you questions about the 2nd and five that's that issue. Um So if you could go to tap three please.

So what's baby's relationship with the landlord?

Oh okay I'll

insight and expect

and how long have you been in that occupation?

4 to 10 years.

Okay and it's has it been All of that time at 565 SharePoint? Yes.

Okay and are you familiar with the 10ant at the building named Isaac von Hillier? Yes. Okay.

Okay.

And does is there a policy at the building relative to uh

It's very relative to wearing face masks and uh any other COVID-19 protocols? Yes. And could you just describe what they are

they are the one with the mask, that's it into your mask and they don't want to tell you how to social distance.

Okay. And could you identify the documented Tubb three, page 10,

Okay.

three and page 10.

Sorry, Mark, there's only one page email until three.

Yes, in top three there's one page. Yes. The email. Yes. Yes, yes. So so I just wanted to so it's an email from me to Isaac on December 17 2020. And I just wanted to draw the board members attention to the highlighted portion of that email emphasizing that mr BonHillier is still required to observed COVID-19 protocols and common areas of the building, such as physical distancing. Okay.

Okay.

And next, could you go to top five please

And once you're there, if you could please identify the document on pages 15-16.

Okay,

sentiment was pure fantasy on one. That's cute.

Okay and the letter is, it's dated February 25, 2021.

Sorry what's the date of the letter, February

February 25, 2021.

Okay thank you.

And it's describing an incident that occurred on February 19, 2021 could you just briefly summarize them?

This was the peter

good. And then

I swear

this is the same incident with humans

on February 19th cleaner is here Mr chair so

we can move on from there.

Mhm. If you could go bebe to tap seven

and look at page 22,

could you identify that for us please? This

is uh basically

facebook. Yes.

So The stage of this post is April 19 and which is the same page as incident with lieutenant mr Bills. And can you just describe what this post says

constantly regard 65

story I think they are on their own page

maybe

page 22. If you look at the page numbers in the top right corner

for Karen. I love a compromise system for my own no one that's on Hillary's feeling puzzled.

Right? So Mr BonHillier is saying I suppose a fake conversation where typical Karen says "I have a compromised immune system put on a face diaper for my own protection". And Isaac is saying "no, if you're at risk stay home or I'll put you in the hospital, why is it my responsibility to ensure your own comfort? "

Okay.

And could you look at page 24 please? Okay.

Yeah.

Could you identify that document?

Not a face bear frank

fine 5:45 65 Chevelle departments whatever I go, people already passed that we see? Of course in the past often it's claimed that masks are for slaves and criminals. So which are you if there's time and the third option. Of course most queen as a doctor worse. And the first time talking to them as a student because they bring back drop I can adverse easing of your ancestors would be ashamed of me when you are willing.

I've done it so often it comes naturally and if you ask

it is an important. Mhm preparing Russian. It's with people rarely large opportunity where the I need to physically. Yeah. Mhm.

What?

And I just wanted to so that one is describing I suppose what Mr von Tellier says he does when he sees people wearing masks. I'd just like to look at one more if you go to page 23

one before. Okay.

Yes. And could you identify that document?

That's 1 2 and three others. No burn for instance regarding the Euthanasia killing 5 65 Chevelle complex presidencies. What's that

construction qualifies er 5 14 therapy to anyone. There has been a rush of course events are the direct as a direct result of em are a such a spicer. And then you know that just like engine triumphs. People and corporations obviously on deserving persons. Maybe reliable and potentially sentenced to death. All right.

No it's okay. We don't need you to read the entire thing. But uh he's referring to a pop up euthanasia clinic? Was there a vaccination clinic at the building or at the residential complex?

What

well why was there a a vaccination clinic provided at the residential complex at any point? We did

just thanks.

Yeah that's okay. Okay.

Okay

and I believe those are my only questions for this witness. Mr chair.

Thank you very much.

So what does the landlord seeking in this instance?

Uh We are seeking termination of the tendency Mr Chair. Um I don't know if you need to hear from her or not. But the cleaner anna who Experience the incident on February 19 that's in the 2nd and five is also present. Um That incident was covered by,

well I was just gonna say I think we have enough statements from from witnesses. The tenants not here to refute anything that that's basically being said. I've seen the videos, I've heard the recordings, I've heard the statements from the witnesses that were directly had interaction with at least one of the tenants in this case. It's Isaac Hillier. I I'm satisfied that you've you've proven the interference that the other tenants are experiencing and the landlord is with this tendency and I'm prepared to grant termination of the of the tenancy based on the disturbances that have been encouraged.

All right thank you. Mr.

Okay. Anything else?

Uh No that's

okay. Okay thank you for your time. So I'm considering them. Uh the application. TSL 21777-21 as ending here at 4 45 this afternoon. So. Okay thank you very much for everybody's patience.

Thank you, sir.