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need help for my mother ASAP

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  • #16
    Yeah - and to complicate - the criminal matter and recognizance. To my understanding, the Crown Brief for information is privileged to any pending civil action to vacate the home.

    Although, if the "Joint owners" decided to list property to yield potential sale... It wouldn't be unreasonable relief to have the home vacated...potential for sabotage etc. However, this may trigger cross claim under the family law act...

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    • #17
      to complicate matters more. My mom and I are the co-owners of the home. This was done in October 31 of 2008. It was all legal and done by a lawyer.

      He told my grandmother he wants to leave, why he doesn't is a mystery to me. He also told one of my moms friends that he wants out and that his sister wants him to live at her place.

      Why do people do this?? If he would have just left earlier in the year like he said he wanted to then none of this would have happened. He has money from the sale of his house so it is not like he would be broke and homeless.

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      • #18
        Originally posted by standing on the sidelines View Post
        to complicate matters more. My mom and I are the co-owners of the home. This was done in October 31 of 2008. It was all legal and done by a lawyer.

        He told my grandmother he wants to leave, why he doesn't is a mystery to me. He also told one of my moms friends that he wants out and that his sister wants him to live at her place.

        Why do people do this?? If he would have just left earlier in the year like he said he wanted to then none of this would have happened. He has money from the sale of his house so it is not like he would be broke and homeless.
        As owners in common - nothing really prevents you from listing the sale. This doesn't mean your going to sell the home... maybe they will take the hint and leave... As owner, nothing prevents you from visiting the property with agent in preparation of Sale...Just a thought...

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        • #19
          Originally posted by logicalvelocity View Post
          As owners in common - nothing really prevents you from listing the sale. This doesn't mean your going to sell the home... maybe they will take the hint and leave... As owner, nothing prevents you from visiting the property with agent in preparation of Sale...Just a thought...
          great idea. That way i can get inside and take pictures of the condition of her stuff without him be able to do anything. I just do not fall into the trap of getting into an argument with him. I am actually friends with a real estate agent and he can help me with that.

          That is why I like this board, I get ideas that I never thought of.

          thanks so much and will keep posting on the latest

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          • #20
            These provisions in the Family law act for the matrimonial home are comparable to provisions in the landlord tenant act (and they've changed the name of the act and I can't remember off the top of my head) that won't allow a landlord to simple change the locks and toss a tenant's belongings out on the street. This is so even if the tenant is months and months behind in rent. The landlord must go through process to have the tenant evicted and the tenant has varies avenues of appeal.

            In the end, yes, it can take months to evict someone. I would suggest you look at websites with information for landlords seeking to evict. The process does not need to be costly, eviction at least is something you should be able to file yourself, like small claims.

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            • #21
              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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              • #22
                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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                • #23
                  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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                  • #24
                    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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                    • #25
                      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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                      • #26
                        Its common law for some - How long did they reside together...

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                        • #27
                          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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                          • #28
                            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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                            • #29
                              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
                                lol ...agreed. She needs a criminal lawyer who can request Disclosure from the Crown. See Stinchcombe SCC

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