well, this is unusual.
i have a letter in my box,
but the online tool claims that the case has not yet been adjudicated.
i'll have to call in the morning.
it's dated to monday,
which is when it should have been finished. there is a good possibility
that there's a database error. there's a good possibility that it's a
forgery, given that these people are persistent frauds and liars.
the ruling is ordering me to vacate by december 1st.
however, it didn't address my legal concern under 83 (3)(c):
(c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;
this
is supposed to be an automatic stop. and, it doesn't rely upon the
question of good faith - even if the applicant is found to be in good
faith (as they were, and as they may be), this is supposed to halt the
proceedings in their tracks.
she did a balancing under 83(2) and she did it correctly. but she seems to be in error in not in contemplating 83(3) at all.
that
said, she did state that the ruling of good faith is with no ulterior
motive, and that would make it difficult for me to appeal - despite it
obviously being wrong, and my case being quite well presented. she seems
to have simply discarded the evidence i provided to her. that's why you
don't want to put things in front of judges if you don't have to, they
can decide what they want to accept and what they don't want to accept.
i might get lucky on finding a failing student that needs out for december 1st.
i disagree with this ruling - i think it was obvious that they're retaliating, and i
made my case as best as was possible. i will be vigilant in suing them
when i find out that their mother is not moving in - and she isn't. but,
outside of verifying that this is the real case in the morning, i don't
see a further course of action.
should i have
carried on with the previous suit? it wouldn't have mattered much. they
would have done this, anyways - it's why they were harassing me for
months, because they wanted me out. and, if she was going to discard the
evidence i gave her, she was going to discard the evidence i didn't
give her - it wouldn't have made the case stronger than it already was. i
gave her eight eviction attempts, and she just said the landlord has
the right to hand out the notices - that's indescribable except through
wilful blindness, when the ninth is an n12 on the same day as a previous
case ended. if i had won the harassment suit, she'd just have said it
doesn't matter because it's a different suit. and, how do you prove this
beyond circumstantially, short of a recording? you have to rely on the
judge to draw obvious inferences, and this one refused to do that. also,
i wouldn't have been able to keep the money, remember - i'd have to
give it back to odsp. it was about trying to stop the persistent
harassment by standing up for myself, not about turning a profit. the
other option was to keep getting harassed, which is a non-choice. and,
while it failed, it provided me with the documentation i required for
the case. i think i made the right choice in hoping it would blow over -
if i had won, i'd have gained nothing of value because they were too
fucking stubborn to listen (that was the sad realization i had to
grapple with.). and, of course, i couldn't let the situation fester, i
couldn't let them keep harassing me to try and push me out until they
succeeded, i had to react in some sense.
this is a
part of the law that shouldn't exist. but, it does exist. and, i got a
shitty judge that either didn't want to see the obvious or didn't care
what the obvious was. the next step has to be for me to find somewhere
else to stay, and then sue them for damages and dishonesty once i get
there - and that's going to be expensive on their behalf, you can be
sure.
i'm also going to have to start from square one with the air quality. ugh.