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

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Old 11-27-2012, 06:58 PM
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Default New law will support false allegations of abuse.

This news should help to broaden awareness on how the accused is prejudicially at a disadvantage due to biased laws.

Lease rules eased for domestic violence complainants - Nova Scotia - CBC News

Quote:
People in Nova Scotia who have filed domestic violence complaints would be able to get out of their residential leases early without penalty under proposed legislative changes introduced Monday.
Service Nova Scotia Minister John MacDonell said the changes to the Residential Tenancies Act would allow people who say they've been abused to get out of fixed term or year-to-year leases with one month's notice.
"It allows them to move out of an abusive situation for their health and their family's health and also relieves them of any financial liability that may exist with the lease," said MacDonell.
In order to get out of the lease, a tenant would have to make an application within 90 days of obtaining an emergency protection order and file a domestic violence complaint to police.
They would need a peace bond or some other court order as well as a certificate from the province's Director of Victims Services saying they are a victim of domestic violence.
John Joyce-Robinson, a director of victims services at the Justice Department, said the changes are modelled on similar legislation in Manitoba.
He said that legislation helped six to eight people in Manitoba in the first year it was enacted.
The change was recommended in a 2009 government report on domestic violence.
Here is how a false accuser will use this law to disadvantage of the accused
1- Make false allegations, get the accused arrested or

2- Get the restraining order, throw the accused out.

3- Right away give the 30 day notice of lease termination for the accuser

4- It may take some time before the accused is out on bail, however the accused is still on hook for the rent since the accuser has only removed themselves from the lease and not the accused.

5- The restraining order will state that the accused may not return to the apartment. they may be allowed once to return to collect some of their belongings however the accuser does not have to comply with the order (my ex did exactly that and even though the police were at the door to let me in and I was there with a rented van to move my stuff, she simply stated “The court order allows him to come in, but doesn’t require me to let him in.” police agreed with her and did not let me in.)

6- Now the accused could not get their chequebook to send the building a cheque, could not go to the building to directly pay the rent nor cancel the lease; or despite having acquired their check book they may well be behind the accusers 30 days’ notice and still on hook for rent.

7- The law also allows the accuser to only remove their name from lease, there is no requirement for the accuser to move out.

8- Since the accused is the last one to cancel the lease, they are on the hook for handing the unit over to the landlord in good shape. But since the accuser is residing there the accused cannot return to the unit to hand it over to the landlord.

9- The landlord will then file for eviction order against the accused, will demand application fees and rent until the eviction is completed. This can take 6 months or more.

10- The accuser may (and most likely will) damage the unit, the accused will be on hook for the repair costs

11- The accused will have to pay all bills directly related to the unit until eviction (stuff you cant cancel i.e. hydo, electric etc.)

12- Given that the family is living in a rental unit, it is more than likely that they are not in superior financial shape, the accused is likely in terrible financial situation after fighting the criminal charges and cannot afford to pay the amounts ordered by the Tenant Landlord board.

13- The landlord then sends the order to collection agencies who in turn report bad credit. Therefore even if the criminal charges are dismissed, there is substantial long term harm done to the accused all the while by the accuser while twisting the law.

Why are canadian laws in a downwards spiral?
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Old 11-27-2012, 07:49 PM
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Default

Here is how this went down for me but before proceeding please review the following page so that you know exactly what kind of building manager/super deals with the building, unfortunately I fell for the location and the park outside the building. I have yet to leave a review on this website but every word people say about the building management is true!.

Bed Bug Report for 25 Parkway Forest Dr, Toronto, ON

'Worst landlord' winner cries foul, some tenants applaud - thestar.com

Background: Only my name on the lease due to the spouse not working and therefore having no income.
1- False allegation made.
2- Next day went with police downstairs to cancel lease (60 days’ notice) no official lease cancelation form available, wrote the cancelation on white paper, provided one months’ rent + last month already deposited, one month notice of termination for parking (as I mistakenly believed that only one month notice is required for parking – proved to be very fruitful)
3- Next day building manager called me and stated that two months rent is required for parking as well (Hence acknowledged that I have terminated the lease). I was lucky enough to be able to secure my chequebooks so I sent her another cheque for the parking’s rent for the month.
4- About 15 days later I receive a letter of termination of tenancy due to non-payment of rent. I assumed that it was just an error because they had done this a few times so I ignored it.
5- Next month they send me another letter to the same effect asking to vacate the apartment by the 30th as I have not paid the rent, this was confusing however. I acknowledged the letter and advised the accuser via counsel once again to either vacate the apartment or transfer the lease to her name, she refused to agree to either.
6- 3rd month I receive a letter from tenant landlord board advising me to vacate and pay the landlord costs. By that time I had discovered via police disclosure that the building manager had changed the locks on the apartment two days after I was first arrested.
7- Instead of paying costs, I disputed the order based on
8- That the building manager was provided with a lease cancelation which either she did not put into execution or just destroyed under bad faith.
9- That the locks were changed right after I left therefore the landlord had violated the lease agreement and took control from me, therefore rendering me no longer responsible for the unit.
10- The building manager came back stating I had not given them any lease termination notice, and the lock was changed under police direction and was therefore not illegal and that I was still liable for any damages & costs etc.

11- We presented in front of the Judge, I self repd, the other party came with Lawyer.

12- I presented the Judge both cheques for rent and parking, the argument that I had mistaken that only one month’s notice was required for the parking only sent a cheque for parking on building managers advice really helped the opposing counsel shut up. The judge told her that the building manager for sure received the lease cancelation notice and gave me a call to receive rent for parking. The lawyer did not have a counter argument, I then presented copied of cancelled cheques for several previous months with each cheque having full amount of rental + parking in one cheque. The judge then looked at the opposing counsel and asked if she could explain, she had nothing to say. Dead silence.

13- I then told the judge that even if they had not received the cancellation notice, they had changed the locks on me, the judge then completed my sentence saying “and therefore took control of the apartment, your building manager; ma’am took matters into her hands, terminating the lease ahead of when it should have", she then told them that they were lucky that I had not filed a claim to receive my rent back and put the earlier eviction order aside, costs were granted in my favour. by that time the accuser had move out any ways.
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canadian law, domestic violence, false aligations, lease, nova scotia


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