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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85417
Experience:  Lawyer
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My landlord has been issued work orders on the house which

Customer Question

My landlord has been issued work orders on the house which she has tried in many convoluted ways to avoid. She has finally brought round a house builder who admitted to us that they do not usually do repairs but build houses from scratch. We have been served a 2 month notice to quit for the landlord's personal use. It is my belief that they intend to knock down the house and rebuild using these builders. She admitted in a without prejudice meeting that she didn't want t spend money on a house she intends to knock down. Obviously I am contesting the notice.
My question : can I write to the builder to get an affidavit regarding the communications between him and the landlord and the purpose of employment? If he does not submit that she has discussed employing him to knock down and rebuild the house, and later is found to be employed to that purpose, could this be considered perjury? Can I point this out to him?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

You cannot use an Affidavit during the hearing.

You will need to subpoena the builder who will be required to testify under oath and for sure you will be able to question him.

And if he lies it will be perjury.

Let me know if you need any further clarification.
Customer: replied 1 year ago.

this will be an RTO hearing. I have had many hearings with the RTO because of these landlords. Normally the process is to submit all evidence in writing before the hearing. Any evidence not submitted before the deadline is normally inadmissible. I am unaware of a process that allows me to issue a subpoena for an RTO hearing. Can you explain how this would work? What do I do? Is there any way to get a written testimony from him before the hearing?

Expert:  Legal Ease replied 1 year ago.
I would be surprised if they would allow you to provide an Affidavit.

Generally it's documentary evidence that you would have to submit before.

But it's not usually the case that they want the testimony of witnesses to be put into Affidavits first.

I suggest calling the RTO and asking whether you could use an Affidavit and if not then how you can subpoena a witness.

I would assume they would have forms for you.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85417
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I phoned the RTO and was told that I can subpoena the witness. I don't often trust their answers because you can ask the same question of 5 different phone jockeys and get a different answer every time. However in this instance she was willing to say when she wasn't sure of procedure.

Expert:  Legal Ease replied 1 year ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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