Since this is the Landlord’s application, the Landlord bears the burden of proving, on a balance of probabilities that her son genuinely intends to move into the premises.  The Landlord failed to prove on a balance of probabilities that it is more likely than not that her son does genuinely intend to move into the premises.  Since the Landlord failed to meet the burden of proof, the Landlord’s application must be dismissed.

this is very reassuring to read from the most likely adjudicator on the case.

https://www.canlii.org/en/on/onltb/doc/2017/2017canlii60235/2017canlii60235.html?searchUrlHash=AAAAAQANbjEyIGFmZmlkYXZpdAAAAAAB&resultIndex=5

...considering that there's still no affidavit. i'll call one more time tonight, i guess before i crash.  it looks like i'm going to get to cross-examine, as they're going to do it in real-time. i'm hoping it's the mom as that's going to be fun to rip apart. "you're going to pay your ex-husband rent?". but, something i didn't think was viable was the idea that it could be the guy upstairs - the father. that struck me as absurd on it's face, but there are cases where parents take over basement units for themselves, albeit not separate ones like this. see, here's the thing: he has threatened me with eviction repeatedly. hey, he ran his mouth off and has to deal with it - but it's his attitude that's the problem in the first place.

i'm confident, but i can't get cocky. and, if it goes to trial, which i am not convinced it will, then this is far from over, one way or the other. i think this guy is going to get overwhelmed by the stack of paper i give him, freak out and fold.

and, that would be smart.

if he's smart, he'll know when to fold.

i was up early in the evening, did the shopping i needed to do for the rest of the month (minus peppers, which were bad, and eggs, which i forgot), dotted the rest of the is i needed for the case (mostly burning the disc, and making sure i have extra emails on usb if i need to print on the spot) and then got distracted at canlii.

i read dozens of cases through and there's a common theme: n12s are hard to beat, unless the landlord fucks up in leaving behind evidence, and this one has done quite a bit of that. i have eight documented threats of eviction - that is the kind of thing that helps. something else that helps is evidence demonstrating that the landlord is irritated or angry about being forced to do repairs, which is actually what one of my n5s was: she cluelessly filed an n5 requesting i be evicted for asking her to landlord, which is exactly what i need to prove to the court. the large amount of conflict is the other thing i need to demonstrate. i also have examples of her behaving in bad faith. i even have evidence suggesting she wants to sell (two fire inspections and an appraisal in the same week). nobody wants this, but i couldn't ask for a better situation, if i have to have it. the few cases that i was able to find that seem similar led to a dismissal.

even so, if i somehow lose, the outcome is usually an extension. i can also claim hardship, given that i live on odsp. that's usually good for a few months, and by then the building might be sold, which should give me time to appeal.

i need to push myself to stay awake until late in the afternoon so i'm up fresh on thursday morning. i think i've got together everything i can get together. so, i should get some work done over the next few hours.

i'm not going to ship before thursday. it will be soon, though. 48 will be printed tonight, at least.