the legal system in ontario really needs serious reform from the bottom up.

i'm learning that.

these enforcement bodies that they've set up are awful - they think they're a part of the judicial system, and they're not.

so, i slept in a little, got out around 10:00 and filed a little after noon, after some running around. i picked up a thermometer on the way home - and it has at least warmed up here, that's a positive - so we'll see what the temperature falls off at. it's coming in right now at 21, but it feels a good five-six degrees warmer than it was last night. that's fine, the approach worked; he needs to keep it up, though.

i was home around 14:00, ate some eggs, took a shower, checked my email and came to the stark realization that the landlord does not understand that he needs to file to the board to evict me. he thinks his n12 is sufficient, and he has some kind of authority in the matter. this is not a potential problem that i'm going to let linger; i'm going to get the enforcement unit on his ass asap, and throw him in jail if required. so, i told him that, and he just continued to act as though the legal steps were not required.

so, i called the unit, and...this unit doesn't seem to actually take complaints. it's kind of a joke. i've called them before, and they think they have the power of adjudication. they won't file reports unless you have a "smoking gun", which is not how any comparable body is supposed to act. they're supposed to gather evidence, do an investigation and let the judge figure it out. the cops aren't supposed to be a part of the legal system, they're not supposed to have discretion like that - they're not trained to. it's not their job. what they're supposed to do is take complaints, lay the facts down on the table and diffuse scenarios before they occur.

what they're telling me is that i have to wait for him to actually try to evict me illegally before they'll even call him at all, or that he has to explicitly make a threat. this is actually wrong - most judges can pass a fourth grade reading comprehension exam, and put together the meaning of his statements. he doesn't need to be explicit to be convicted of anything. it's enough to be implicit. this is why we have courts.....

i mean, it's the irony of it, right?

as it is, do i think i could convict the guy at this point? yes, probably. but, that's not the intent. what i need is for somebody to call him and explain to him that he has no power of eviction. i don't want him to try to forcibly evict me and go to jail for it, i want to prevent him from trying to forcibly evict me. it says on their website that that's what this unit is supposed to do, upon receiving complaints. and, that's what cops are supposed to do, in general. they're not supposed to convict people over the phone. if the situation festers, i'll have to call the windsor police instead, and get them to do it - and if i do that, he'll be facing a t2, too. and, at the end of the day, if he tries to break in here, i'll have to treat him as a trespasser and defend myself, as is my right to do. this unit is supposed to exist to stop things like this from happening.....

i can keep trolling him, though, in an attempt to get him to say the wrong thing. i'll have to record the conversation, tomorrow. all i actually wanted was for the cops to call him to warn him that he'll end up in jail if he tries it, but if i can get him on tape, then i can press charges, instead. again: not what i want, not the most elegant solution, but if this is how the stupid system wants to stupidly organize itself...

i could in theory bring it to a justice of the peace, and i do think i'd have enough evidence as it is, but i'm not there, yet.

for now, i'm ready to get back to work for the night, and let's hope it's productive, at least.

but, i'm bracing for a physical confrontation at new year's - because i'm not going anywhere without a court order, and i'll stand my ground if he tries anything stupid.

if he hadn't sent me the eviction notice, i would have filed on the 31st with a request for maintenance. i wouldn't have asked for a rent rebate - i would have just demanded he fix the plumbing.

but, he played his cards too early and got burnt; it's a costly mistake.

you can't expect me to feel badly for him - he's trying to evict me because i'm demanding he fix the plumbing. i can't have mercy, here. that woulds be irrational.

ok.

so, that's done. let's see how much of nov 2 that i can get done with before i file this morning.

we'll see how long it takes for him to figure out how to file this. but, if he files today, we could end up doing this on the same day. if he waits, the tribunal will need to separate the issues.

i understand that it's hard to fight a personal eviction, even in a situation that is as bullshit as this. remember - i took the position last time that the ruling was flawed, but decided to drop it because i wanted to leave, anyways. i decided that the smoke in that unit was too powerful, that i needed out. i think i would have won on appeal.

given that he lives upstairs, he's going to have a more difficult argument to make to the tribunal, and i'm going to be more aggressive in pushing the statutory exceptions this time - something i didn't do enough of last time. but, i'm still at a strong disadvantage.

yet, if i win my case for $3500, and he wins his, he'll still need to pay me out $750 on top of the $3500, and give me back last month's rent, too. so, that's $5000, added up.

i'm such an anarchist, aren't i? fuck the landlord. *thunder crack*. muahahahahahahaha...

so, i want to get my case filed asap, and hope it creates enough of a delay in his own reaction that the cases get scheduled at least a week apart.

so, the claim is $3600. i can't e-file because this street is listed incorrectly in the canada post database, which is frustrating, but whatever. i'll need to do it in the morning.

*shrug*.

all i wanted was a plumber.

i'm not doing up a separate t2 for the heat, it's just an addendum to the t6.

and, i think the heat just turned on. finally. maybe we'll get some rationality in the end, after all.

so, the official response to my request for a plumber is an eviction notice, which is an intimidation attempt and subject to legal censure.

the change of plans for the night is that i'll have to do the write up to file for tomorrow morning....

the wild card here is that i'm hoping to get into subsidized housing, and if i can get a plumber in here sooner than later then it might make sense to drag him through a divisional court appeal, as i'm siphoning out a rent reduction via not paying rent.

i didn't want a legal battle, i wanted the plumbing fixed and the heat turned on. now, he's going to get ordered to pay me $3000-5000 in rent overpayment. this was the single dumbest thing he could have possibly done.

so be it.