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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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My family and I moved into an apartment building in August

Customer Question

My family and I moved into an apartment building in August 01, 2013. My son drives a tow truck 24/7 and was given permission to park it there. He signed a parking form and paid for a parking spot. Around the middle of 2014, the building was sold to another company. At that time my son was in another type of work so when we signed the new lease, the tow truck was not listed. Later in the year my son started driving tow truck again and paid for the parking spot. However we did forget to add it onto our list of vehicles. The landlord did not remind us either. In the early part of 2015 the landlord suddenly told us that the tenancy agreement does not allow any commercial vehicles and my son would have to remove it. So my son had to park it far enough away that it cost him and his employer lost business and revenue due to delays in getting to the work site. In the meantime there was another commercial vehicle in the parking lot which the landlord said nothing to. This naturally caused quite a dispute and my son started parking the tow truck off and on in the parking lot again. We told them that if they were not going to say anything to the other commercial vehicle driver then don't say anything to us. We would pay for the parking spot but they wouldn't accept it and would put it as credit to our rent. They would still harass us and after about 2 months the landlord finally told the taxi cab driver that he had to leave and blamed my son for it. We told them that the Human Rights declare that everyone has the right to work and no one can interfere with that right. We also questioned them of what kind of mean evil minded people they were, that they would persecute a person for going out and working hard to support their wife and baby son. But my son removed the tow truck so as to stop the constant harassment and stress it was putting on all of us. However one day he got legal advice and they told him that the issues with the building run with the land, not the landlord and that the new owners cannot unilaterally change the terms of the tenancy agreement that was in place with the previous landlord. Immediately my son brings the tow truck back and informs the Superintendant of the legal advice. She said that she didn't give a crap of what the a Landlord and Tenant people said and to remove the tow truck. We would not, and in early May we got a threat from the Landlord of serving us with an N5 to evict us if we didn't remove the tow truck. We wrote back and told them of the legal advice we got. They still continued to threaten us and remarked how they could not locate the parking form we had filled out with the previous owner to show the tow truck listed. We responded by saying that if they could find our original lease in our file, then the parking form would be stapled or at least paper clipped to it. We had had enough and launched a T2 andT6 against them just days before they filed the N5 against us. The court date was on June 25,2015 and we were represented by a lawyer from a legal clinic. At his office,it he thought that we would easily win our case. He seemed strong and confident but when we got to court I was surprised to find that he was a duty counciller and would be handling many cases not just ours. He suggested that we mediate with the landlord and try to agree instead of going into court. We did this but never got to it until after noon. By then he had done over 6 cases and councilled numerous people. In our meeting he didn't have the fire in him like he had in his office so he didn't argue too much with the landlord's lawyer Things went sour on us quickly as there lawyer would not give into us and the board mediator would hardly say anything in our favour.We had photos of commercial vehicles on their other properties,but she said that their other buildings have different policies.Then she showed us the copy of our lease where the tow truck was not listed. and our counciller suggested that we should make a deal so we don't have to go into court and probably lose. If we lost we might be evicted in as short as 10 days. So we made this deal and have to move out by the end of August. I feel that we didn't have the best representation because he was worn down and also I checked with the Landlord and Tenant Board and they said that when their lawyer brought up what's on the new lease our counciller or the mediator should have said "so what difference should this make" and that just because we forgot to add the tow truck, they should have come to us to get us to add it. The Tenant Board also said that the run with the land issue should still overrule I want to know if we can appeal this order against us...
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
But was there an order? It sounds like you settled?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
I've sent you 2 messages but it's not showing them. Yes there is an order, that's why I asked if we could appeal or maybe other legal action.
Expert:  Debra replied 1 year ago.
Was there a hearing then or did the order go on consent because from the facts it sounds to me that you made a deal?

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