the thing you have to understand about serving is that the judge isn't going to look at the rules and dismiss the thing on a technicality. serving has a function: to draw attention to an appeal. the person i'm serving must be made aware of the appeal. what i'm going to need to demonstrate, if i need to demonstrate it, is that the company knows what the appeal is, or should know what the appeal is, not whether some protocol is followed.
the bottom line is that she's evading, and i can show it.
Thursday, September 13, 2018
i can confirm that they got my money order, but my application might not be processed until monday.
i tried to personally serve this evening, but i got hung up on. that's twice now.
she's essentially been instructed to not communicate with me, and i know that because she told me. she wants me to go through the paralegal. so, if the corporation refuses to communicate with the tenant, and directs all communication to the paralegal, then serving means serving the paralegal, right?
that's not in the rules of service. the rules of service only talk about lawyers, and they're not going to tell me who their lawyer is. it's not transferable well, because the point of the process is to get a confirmation of representation - and a paralegal cannot represent anybody in divisional court in this province. it would be more like leaving it with a representative of the corporation than it would be like leaving it with a lawyer.
i sent an email to the paralegal, and i'm going to consider them served as of 00:00 on the 14th. but, i'm going to try a few different approaches, as well.
i'm doing an all nighter, and i will try to get her the document in the morning; if she hangs up on me, i'll call back and read it to her voicemail. then, i'll txt it to her. and, then i'll call her back again. if she still doesn't accept it, i'll leave a physical copy with the paralegal, and then fax one to the board through service ontario.
and, hopefully, i'll have an answer on the app tomorrow night.
i'm going to get some work done tonight...
i tried to personally serve this evening, but i got hung up on. that's twice now.
she's essentially been instructed to not communicate with me, and i know that because she told me. she wants me to go through the paralegal. so, if the corporation refuses to communicate with the tenant, and directs all communication to the paralegal, then serving means serving the paralegal, right?
that's not in the rules of service. the rules of service only talk about lawyers, and they're not going to tell me who their lawyer is. it's not transferable well, because the point of the process is to get a confirmation of representation - and a paralegal cannot represent anybody in divisional court in this province. it would be more like leaving it with a representative of the corporation than it would be like leaving it with a lawyer.
i sent an email to the paralegal, and i'm going to consider them served as of 00:00 on the 14th. but, i'm going to try a few different approaches, as well.
i'm doing an all nighter, and i will try to get her the document in the morning; if she hangs up on me, i'll call back and read it to her voicemail. then, i'll txt it to her. and, then i'll call her back again. if she still doesn't accept it, i'll leave a physical copy with the paralegal, and then fax one to the board through service ontario.
and, hopefully, i'll have an answer on the app tomorrow night.
i'm going to get some work done tonight...
at
22:52
there has been music coming up from downstairs for over 48 hours. and, the weird thing about it, right now, is that it's some kind of ebm.
that is, the kind of thing that you're supposed to experience in a live setting, with people.
and, i'm left imagining this 50+ year old woman, sitting in her apartment, by herself, listening to club music, smoking herself stupid and...what? imagining she wasn't 50+ years old? imagining she was out having fun? on a wednesday night? on thursday afternoon?
everything about this situation is just so remarkably pathetic. and, if there's any debate, the only meaningful one is whether she needs psychiatric help or should be tolerated.
but, the shift in mindset you need to have is around whether she's harmless.
she's not harmless.
she's severely degrading my health, by chain-smoking for hours at a time.
that is, the kind of thing that you're supposed to experience in a live setting, with people.
and, i'm left imagining this 50+ year old woman, sitting in her apartment, by herself, listening to club music, smoking herself stupid and...what? imagining she wasn't 50+ years old? imagining she was out having fun? on a wednesday night? on thursday afternoon?
everything about this situation is just so remarkably pathetic. and, if there's any debate, the only meaningful one is whether she needs psychiatric help or should be tolerated.
but, the shift in mindset you need to have is around whether she's harmless.
she's not harmless.
she's severely degrading my health, by chain-smoking for hours at a time.
at
22:36
right now, i have 5 units directly adjacent to this one: one on either side, and three on the floor below me. there are two further units directly below me, on the lower floors. it's the unit directly below me that is the major problem, but the other units have been minor annoyances.
this unit would only have three adjacent units to affect me: one beside me, and two on the floor below me. there would also be two above me. there would only be one unit below me. if the unit directly below me is non-smoking, and stays that way, it could work out just fine.
this unit would only have three adjacent units to affect me: one beside me, and two on the floor below me. there would also be two above me. there would only be one unit below me. if the unit directly below me is non-smoking, and stays that way, it could work out just fine.
at
00:13
a living situation update. there's not a fun story with this, but it might be the way out.
i put an application down on tuesday, but i didn't want to put the check down with it. i frankly didn't expect to be approved. but, i looked into it and...
i can't get a certified check from my bank, anyways. they just don't do that. and, my daily limit for the money order was too small..
or, at least, that was my excuse.
i just felt it was pointless to buy a money order, get rejected and then have to get it back. its only $7.50, but i have better things to do with $7.50, you know? and, what if they decide not to give it back? so, i put the app down without the check and called in the morning...
she wouldn't even look at it. fuck.
but...
there are no other applications.
i had to do it...
so, there's a money order with my name on it in a box at one of the york buildings, and i'll have to follow up on that tomorrow. if i'm the only applicant, it's a question of the merits. which, even so, are at best 50/50.
i picked up some new vlog batteries on the way home, so i'll be back to that, too.
the unit shouldn't be better, but i've been in that building twice now and have not smelled any smoke, so i decided to take the leap on it, sort of thing. it's a little smaller than this one, but more compact. and, it's on a corner, so i should get some cross flow. that's one of the biggest problems in this unit: the prevailing winds are in the opposite direction, so the smoke just hangs and has to be pushed out using heat or fans.
am i worried about it? yeah. more than a little bit. and, half of me is hoping it gets denied, so i can keep looking.
i have some more appointments this week.
i have not served yet.
and, this disgusting, filthy, vermin below me appears to have quit her job, as she hasn't left for work in days, making the situation that much less bearable.
i put an application down on tuesday, but i didn't want to put the check down with it. i frankly didn't expect to be approved. but, i looked into it and...
i can't get a certified check from my bank, anyways. they just don't do that. and, my daily limit for the money order was too small..
or, at least, that was my excuse.
i just felt it was pointless to buy a money order, get rejected and then have to get it back. its only $7.50, but i have better things to do with $7.50, you know? and, what if they decide not to give it back? so, i put the app down without the check and called in the morning...
she wouldn't even look at it. fuck.
but...
there are no other applications.
i had to do it...
so, there's a money order with my name on it in a box at one of the york buildings, and i'll have to follow up on that tomorrow. if i'm the only applicant, it's a question of the merits. which, even so, are at best 50/50.
i picked up some new vlog batteries on the way home, so i'll be back to that, too.
the unit shouldn't be better, but i've been in that building twice now and have not smelled any smoke, so i decided to take the leap on it, sort of thing. it's a little smaller than this one, but more compact. and, it's on a corner, so i should get some cross flow. that's one of the biggest problems in this unit: the prevailing winds are in the opposite direction, so the smoke just hangs and has to be pushed out using heat or fans.
am i worried about it? yeah. more than a little bit. and, half of me is hoping it gets denied, so i can keep looking.
i have some more appointments this week.
i have not served yet.
and, this disgusting, filthy, vermin below me appears to have quit her job, as she hasn't left for work in days, making the situation that much less bearable.
at
00:04
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