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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100996
Experience:  Lawyer
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My landlord has been issued work orders on the house which

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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?
Thank you for your question.

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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 4 years 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?

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.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years 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.

Thanks very much for the rating.

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Thanks and take good care!