Conditionally accept on proof of claim that you haven't honoured the prior agreement (I hope you have that prior agreement regarding the back rent in writing)
You do it right, and you get a tent free place. "What evidence exists that suggests I have an agreement with this man? Where was he when I started using the place?"
nothing really other than the fact that the money was owing for months and has been paid down with payments for months and emails between us show he is not denying but he wont admit it either.
I am sure we are leaving i have begun looking the fcued thing is we lose a lot the garden the fish, the rabbits and chickens we invested a lot in this home we grow and raise all our food here
The fact that he has been receiving payments from you, and communication between you both via email, at the very least implies a contractual arrangement....like you say, you will probably end up leaving, but you probably want to negotiate something more on your own terms so that you can relocate your animals & garden...counteroffer may be a useful approach..ChiefRock Sino General is probably the man to talk to
he gave me a notice 2 days ago dated the 2nd i tried to file dispute but they charge for it i told them i had no money to pay for a dispute they as much as hung up on me.
i have until the 12th then he will get a order of possession i can take that to supreme court and have a judge give me time to move or make another judgment
Sure, write an affidavit of what happened, with dates and verbal agreements showing receipts for the new agreement, which when payment for late rent has been accepted, is consent. Get two witnesses to sign it. Send him the works in a big package... I think he's bluffing... sir :/
When they ask for money, inform the clerk that yu are responding to an eviction notice in pro per personum )pro say, sui juri, etc.) and ask if they are denying you access to the court. That question will have them out of their chairs and asking if you need the proper form!
DETRIMENTAL RELIANCE, and more specifically, EQUITABLE ESTOPPEL
EQUITABLE ESTOPPEL = basically, your landlord cant tell you one thing...you act on it...then your landlord goes-off in another direction, doing something different than he had told you...and you get BURNED by it as a result
so how do i proceed with this? do I go to supreme court and file? will this cost me money we are with not money in the case that we may have to move we are really in trouble.
Well I am off to Supreme Court for 9am will be exploring my options at the Registry any advice on exactly how to do this would be great but either way great thanks for the advice thus far.
You are rushing-off to court without exhausting the private-administrative-Notice-process as a remedy first.....if it were me, id start off with an AFFIDAVIT FOR PROMISSORY ESTOPPEL ARISING FROM DETRIMENTAL RELIANCE, and tell your story in point-form, how he said one thing, did another, and how he's now trying to screw you because of it, because you RELIED upon his representations to you were in good faith - again, thats what I would do
Jason- OR, when your landlord gives you the ORDER, go buy a red VOID-stamp, stamp it VOID, send it back to him registered-mail...there's a thread on the page that explains why
wow what a fucking joke the need a sign on the front door that says unless you are rich or a lawyer you cant get justice.
I had to read a fucking library today! i am going to bed because my brain is dead. setting alarm for 4 am to fill out a shit load of shit i will list it all in the am if i get it done with time to get your critiques but sure cant just walk ask for a Estoppel LOL though a couple lawyers were impressed and told me citing this as cases was a good plan. I have to make a fucking binder with all this to server to the landlord too
big learning curve
judge gave us till midnight to serve landlord he is avoiding us and not at the address on the evection notice not answering phone or email he knows its me trying to serve him.
order of possession is on the 12th and the judge will hear the case on the 13th if we serve him by midnight i don't drive and i am mildly disabled
well me and my 7 year old are on the street as of the 12th as far as it goes now we seem to be without any other options i have been considering barricading us in and loading up the squirt guns with urine we normally put on the garden
really feeling fucked here and just after we won that battle with the city to keep are urban farm, chickens, rabbits and fish its so fucking aggravating
Thats because he probably knows he is acting in MALA FIDE.....MALA FIDE = BAD FAITH
If the City of Toronto serves someone NOTICE, even they will give you THREE of them spaced apart by 30 days/90 days in total to get back to them/have a chance to respond...this is all based on The Doctrine of Notice...The Doctrine of Notice is an EQUITABLE DOCTRINE...Equitable > Equity > Equity = FAIRNESS...he is not acting FAIRLY with you right now...he just cant send you ONE Notice then rush-off to court against you, part of the Notice-process is so he can say that he gave you an adequate opportunity to REBUT the PRESUMPTION-OF-LAW he has made against you
..a great one would be on the significance of the term REVERSIONER in relation to SPECIALTY CONTRACTS, SPECIALTY DEBTS, or just plain SPECIALTY in general ;)
OH...and what the difference is between a NEGOTIABLE RECEIPT, and a NON-NEGOTIABLE RECEIPT
"As long as you are still in possession of your Birth Certificate or havent sent NOTICE rebutting-the-presumption of it- then by OPERATION-OF-LAW, you are considered to be an AGENT of the GOVERNMENT, or more precisely, an agent of the TRUSTEE that delivered/conveyed it to you to begin with.....that 'operation' btw, being TRUST LAW"
NEGOTIATE doesnt have the same meaning most people think though, Pierre...2. to bargain in good faith with a view to the conclusion of an agreement or the revision or the renewal of an existing agreement - yes, but...
1. To TRANSFER for VALUE, by indorsement OR delivery, a bill of exchange or other NEGOTIABLE INSTRUMENT. - The Dictionary of Canadian Law 3rd-edition, and Pierre, if you're interested in setting-up your own trust, i strongly suggest you spend your next $130 towards getting a copy of the student-edition Donovan Waters' 'Law of Trusts in Canada' ;)
http://www.carswell.com/product-detail/waters-law-of-trusts-in-canada-4th-edition
OH- and i finally figured-out what i want, Scott...to become a REVERSIONER!
"Ummm, pay no attention to what this guy just wrote above - these arent the droids you're looking for/he actually doesnt know what he wants..."
Sincerely,
Government-trustee-REMAINDERMAN ;)
I bought that one....I think I've got fucked :(
http://www.amazon.ca/Trust-French/dp/1115282298/ref=sr_1_5?s=books-en-francais&ie=UTF8&qid=1378937637&sr=1-5&keywords=trust