The Tender For Law

Volume 3

Sep 06, 2013 8:01 PM

Jason Wettstein

how do i fight an eviction and .....>>> This is a court order; only a licensed court bailiff can execute residential evictions (Writ of Possession) issued by the Supreme or Federal Courts. Once you have an �Order of Possession� from the Residential Tenancy Branch, served your tenant, and they have not moved out by the date of order, you can then file for a Writ of Possession from the Supreme Court to evict your tenant and sign over peaceful possession to you.

I have an agreement with my landlord to pay back rent from when i was sick as long as i kept current. I have fulfilled my agreement he has handed me a eviction notice for 10 days.

Read Comments

Jason Wettstein

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

Stuart Stone

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

Beverly Berta Braakschmack

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 :/

Roger Dennis Fleury Jr.

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!

Derek Moran

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

Derek Moran

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 Wettstein

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

Jason Wettstein

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

Jason Wettstein

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

Derek Moran

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

Derek Moran

..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

Derek Moran

"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"

Derek Moran

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

Derek Moran

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 ;)