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Domestic Violence Dealing with abuse and violence. Getting support and help.

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  #21 (permalink)  
Old 05-19-2010, 09:18 AM
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Mess is right. Evicting someone is almost impossible. And you would need to follow the Residential Tenancies Act Residential Tenancies Act, 2006, S.O. 2006, c. 17
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Old 05-19-2010, 05:29 PM
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k but he has never paid rent to her and there was never a rental agreement. Does that make a difference??
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Old 05-20-2010, 08:51 AM
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so essentially he was living there rent free, mooching off her?

You've stepped into a very grey area. A rental agreement does not have to be written, it can be verbal, or implied (based on acceptance of payment). That's how I got my tenancy established..they accepted direct deposit from my account.

When I was at the Tribunal I first had to apply to prove that I was a tenant before we could go ahead with the rest of the process. You might want to look up the Act and see what defines a tenant.

I was also in constant contact with the lawyers at the Community Legal Clinic. Advice is free, and they should be able to help you and your mom. You should be able to locate one from here: Community Legal Education Ontario (CLEO) - Links
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Old 05-20-2010, 05:06 PM
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Quote:
Originally Posted by billiechic View Post
so essentially he was living there rent free, mooching off her?

You've stepped into a very grey area. A rental agreement does not have to be written, it can be verbal, or implied (based on acceptance of payment). That's how I got my tenancy established..they accepted direct deposit from my account.

When I was at the Tribunal I first had to apply to prove that I was a tenant before we could go ahead with the rest of the process. You might want to look up the Act and see what defines a tenant.

I was also in constant contact with the lawyers at the Community Legal Clinic. Advice is free, and they should be able to help you and your mom. You should be able to locate one from here: Community Legal Education Ontario (CLEO) - Links
Yes he was living rent free and she paid all the bills and even bought his alcohol and smokes. She never once asked him to contribute to the bills. He sold his house after he moved in and did not give my mother a dime. He is on disability for a "bad back" but he has no problem sitting on his ass all day drinking vodka or doing things he wants to do.
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Old 05-20-2010, 06:26 PM
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should add that she owns the home but pays rent for the land it is on. The rental agreement is in her name only.
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Old 05-20-2010, 06:29 PM
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Its common law for some - How long did they reside together...
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Old 05-22-2010, 03:14 PM
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well things have taken a turn for the better. He signed a statement with the police that he provoked my mom. One of his friends also called the police that my mom told the other party not to come to the home as he had been drinking. The friend also told the police how the other party has abused my mom in front of him both verbally and some physical.

The crown is trying to move up the court date so my mom can get home sooner. I have a feeling she is not going have this on her record. I think she may get a conditional discharge and they each have to stay away from each other. This would be the best outcome.

The good thing is that she has stopped drinking and is thinking clearly. She told me she knows know that the abuse will never stop and she has to get out of it. I just hope she means it this time.

He keeps calling where my mom is staying at times like one in the morning and has left messages that were very vulgar. At first the woman was deleting the messages but I told her to save them and make a lof of when he calls. My mom is not suppose to contact him so why can he call up where she is staying?? That really isn't fair. If my mom happens to answer the phone does that mean she breaks the no contact thing??
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Old 05-22-2010, 07:18 PM
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Quote:
Originally Posted by standing on the sidelines View Post
well things have taken a turn for the better. He signed a statement with the police that he provoked my mom. One of his friends also called the police that my mom told the other party not to come to the home as he had been drinking. The friend also told the police how the other party has abused my mom in front of him both verbally and some physical.

The crown is trying to move up the court date so my mom can get home sooner. I have a feeling she is not going have this on her record. I think she may get a conditional discharge and they each have to stay away from each other. This would be the best outcome.

The good thing is that she has stopped drinking and is thinking clearly. She told me she knows know that the abuse will never stop and she has to get out of it. I just hope she means it this time.

He keeps calling where my mom is staying at times like one in the morning and has left messages that were very vulgar. At first the woman was deleting the messages but I told her to save them and make a lof of when he calls. My mom is not suppose to contact him so why can he call up where she is staying?? That really isn't fair. If my mom happens to answer the phone does that mean she breaks the no contact thing??
If she pleads guilty to the charge -- in exchange - conditional discharge? Did the Crown also advise that she will still retain criminal record?

Conditional Sentences, Probation and Discharges

The Recognizance - no direct or indirect contact term is a two way street.

The individual making the calls could also be charged. Obstruction of Justice for starters.

If your mother breaches - its Breach of Recognizance. Onus rests with her to prove otherwise. Guilty until proven innocent so to say.

She really needs to speak to a criminal lawyer about all events including Disclosure before engaging in any deals with the Crown.
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Old 05-22-2010, 07:26 PM
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i told her not to plead to anything unless she is told that she will not have a record. I keep telling her to get a lawyer but she says that duty counsel can handle it. I keep telling her that duty counsel cannot be as informed about her case as much as her own lawyer would be.
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  #30 (permalink)  
Old 05-22-2010, 07:37 PM
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lol ...agreed. She needs a criminal lawyer who can request Disclosure from the Crown. See Stinchcombe SCC
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