Friday, August 11, 2017

so, the property owner has really gone down the rabbit hole. the reality is that the order she served this afternoon is so incoherent that the law doesn't seem to have predicted it; it's so ridiculous, that i can't figure out a proper response

how does a tenant react to a demand by the landlord, when the landlord cannot make that demand? the landlord has demanded that i cease a behaviour within 7 days, or be evicted, but she has no right to make the demand. i could just ignore her - and suspect that the court would even refuse the eviction order - but i don't want to go through an eviction process. what i want is for the order to be voided from the start.

the closest remedy i can find has to do with charging her with criminal harassment. but, this is more of a consequence of stupidity than malice. i mean, it's both - don't get me wrong. but, it's so poorly thought out, that it would be difficult to prosecute; occam's razor is that she's just horribly wrong.

further, it would be difficult for me to make the case that the demand is interfering with my enjoyment of the property - for the reason that the point of contention is happening off of the property. the kind of obvious reaction relies on making the same incoherent legal error that's underlying her demand, in the first place. if this *was* on her property, i could countersue...but i know better....

what i want to do is bring the cease and desist order to a judge that will overrule it and tell her she can't file an order over this - that a judge won't hear it. but, i can't find the right documents. surely, i must have some recourse over an absurd accusation besides going through the process of eviction. can i not bring the cease and desist order, itself, to a judge, and request a stop order or an injunction? that form isn't on the page...

i'll have to call toronto tomorrow.