Sep 06, 2013 8:01 PM

Conditionally accept on proof of claim that you haven't honoured the prior agreement (I hope you have that prior agreement regarding the back rent in writing)

no we don't even have a lease

"where's the contract, judge?"

You do it right, and you get a tent free place. "What evidence exists that suggests I have an agreement with this man? Where was he when I started using the place?"

nothing really other than the fact that the money was owing for months and has been paid down with payments for months and emails between us show he is not denying but he wont admit it either.

I am sure we are leaving i have begun looking the fcued thing is we lose a lot the garden the fish, the rabbits and chickens we invested a lot in this home we grow and raise all our food here

The fact that he has been receiving payments from you, and communication between you both via email, at the very least implies a contractual arrangement....like you say, you will probably end up leaving, but you probably want to negotiate something more on your own terms so that you can relocate your animals & garden...counteroffer may be a useful approach..ChiefRock Sino General is probably the man to talk to

an implied contract still requires consideration. If those e-mails work to your benefir, introduce them as evidence.

i believe they do

If you have emails that show consent towards an agreement, that should be all you need as long as you've kept up the payments. Print them all off.

?negative averment affidavit filed?

new original void the evection order.

Jason how long have you known about this??

I've been up all day let me know Jason when you want to talk tomorrow and I'll share with you how not to get evicted.

he gave me a notice 2 days ago dated the 2nd i tried to file dispute but they charge for it i told them i had no money to pay for a dispute they as much as hung up on me.

I have my 7 year old here its already an hour past bed so I will check back tomorrow I will friend you too thanks.

Thanks to all of you

hmm cant friend you try me

If there was a previous order, did you not know about that?

no there was no previous order

an "order of possession" served beforehand, as stated in the post?

no that is what he is planning

but he hasn't done this yet?

no

I will be here tomorrow all day

so its just threats at this point?

where are you? BC?

i have until the 12th then he will get a order of possession i can take that to supreme court and have a judge give me time to move or make another judgment

yes

BC

get all your emails together along with proof of payment and get a hold of the landlord and tenant board...

I need to see your email so I can help you write your negative averment affidavit notice

I think he's posing threats to scare you out...

ok well I have to get my kid to bed will be back tomorrow

what time are you going to be back on tomorrow Jason?

Sure, write an affidavit of what happened, with dates and verbal agreements showing receipts for the new agreement, which when payment for late rent has been accepted, is consent. Get two witnesses to sign it. Send him the works in a big package... I think he's bluffing... sir :/

When they ask for money, inform the clerk that yu are responding to an eviction notice in pro per personum )pro say, sui juri, etc.) and ask if they are denying you access to the court. That question will have them out of their chairs and asking if you need the proper form!

I think he's bluffing... call it!

I'm so tired my eyes hurt hit the hay

http://www.tenants.bc.ca/main/?evictions

DETRIMENTAL RELIANCE and/or PROMISSORY ESTOPPEL, no doubt about it

What's that Derek Moran, 2 car brands ? :D

http://www.duhaime.org/LegalDictionary/E/Estoppel.aspx

i think that is great

DETRIMENTAL RELIANCE, and more specifically, EQUITABLE ESTOPPEL

EQUITABLE ESTOPPEL = basically, your landlord cant tell you one thing...you act on it...then your landlord goes-off in another direction, doing something different than he had told you...and you get BURNED by it as a result

so how do i proceed with this? do I go to supreme court and file? will this cost me money we are with not money in the case that we may have to move we are really in trouble.

Have you read the PROPER NOTICE thread/article Scott wrote on here?

sorry no where? is it a file? I am looking now...

Well I am off to Supreme Court for 9am will be exploring my options at the Registry any advice on exactly how to do this would be great but either way great thanks for the advice thus far.

You are rushing-off to court without exhausting the private-administrative-Notice-process as a remedy first.....if it were me, id start off with an AFFIDAVIT FOR PROMISSORY ESTOPPEL ARISING FROM DETRIMENTAL RELIANCE, and tell your story in point-form, how he said one thing, did another, and how he's now trying to screw you because of it, because you RELIED upon his representations to you were in good faith - again, thats what I would do

sorry how do I do this I am ignorant not trying to be just have no clue

he will have a supreme court order of possession as early as tuesday

found this http://www.naturallyprudent.com/PAP.html

money is another problem notary public wants money courts may waive fees though I can have an affidavit done at the court registry too can I not?

two peoples witnessing is just as good

having both make out affidavits to the witnessing to the fact that your signature

Jason- OR, when your landlord gives you the ORDER, go buy a red VOID-stamp, stamp it VOID, send it back to him registered-mail...there's a thread on the page that explains why

ok i will, can you bump the thread so i can see it

i am off to court no bye thanks sure its just the start lol

wow what a fucking joke the need a sign on the front door that says unless you are rich or a lawyer you cant get justice.

I had to read a fucking library today! i am going to bed because my brain is dead. setting alarm for 4 am to fill out a shit load of shit i will list it all in the am if i get it done with time to get your critiques but sure cant just walk ask for a Estoppel LOL though a couple lawyers were impressed and told me citing this as cases was a good plan. I have to make a fucking binder with all this to server to the landlord too

big learning curve

judge gave us till midnight to serve landlord he is avoiding us and not at the address on the evection notice not answering phone or email he knows its me trying to serve him.

order of possession is on the 12th and the judge will hear the case on the 13th if we serve him by midnight i don't drive and i am mildly disabled

Me too, I am mildly disable :-D

well me and my 7 year old are on the street as of the 12th as far as it goes now we seem to be without any other options i have been considering barricading us in and loading up the squirt guns with urine we normally put on the garden

really feeling fucked here and just after we won that battle with the city to keep are urban farm, chickens, rabbits and fish its so fucking aggravating

How many NOTICES did your landlord give you?

notice of civil claim - notice of application

was given short leave if i can serve the landlord by midnight

interesting update though landlord called we are negotiating lol

sorry he gave me 1 notice a 10 day eviction notice

Thats because he probably knows he is acting in MALA FIDE.....MALA FIDE = BAD FAITH

If the City of Toronto serves someone NOTICE, even they will give you THREE of them spaced apart by 30 days/90 days in total to get back to them/have a chance to respond...this is all based on The Doctrine of Notice...The Doctrine of Notice is an EQUITABLE DOCTRINE...Equitable > Equity > Equity = FAIRNESS...he is not acting FAIRLY with you right now...he just cant send you ONE Notice then rush-off to court against you, part of the Notice-process is so he can say that he gave you an adequate opportunity to REBUT the PRESUMPTION-OF-LAW he has made against you

..have you read the PROPER NOTICE article on here Scott wrote?

i will look again there is a lot on here i want to read. i could not find it the other day asked you to bump it up so i could see it or give a link

" i could not find it the other day asked you to bump it up so i could see it or give a link"

..it's titled- TONIGHT'S TOPIC: PROPER NOTICE

yes this is the link https://www.facebook.com/groups/tenderforlaw/permalink/482690341766903/

This guy writes AWESOME articles!

...that really does sound better when other people say it. :/

He DOES write awesome articles... we miss them... :(

Agree !

Even though I'm not finished reading the last two ...:D

..a great one would be on the significance of the term REVERSIONER in relation to SPECIALTY CONTRACTS, SPECIALTY DEBTS, or just plain SPECIALTY in general ;)

OH...and what the difference is between a NEGOTIABLE RECEIPT, and a NON-NEGOTIABLE RECEIPT

"As long as you are still in possession of your Birth Certificate or havent sent NOTICE rebutting-the-presumption of it- then by OPERATION-OF-LAW, you are considered to be an AGENT of the GOVERNMENT, or more precisely, an agent of the TRUSTEE that delivered/conveyed it to you to begin with.....that 'operation' btw, being TRUST LAW"

Oh...I know the 2nd one Derek, the negotiable receipt, you can negotiate it, and the non-negotiable receipt, you can not negociate it :D

NEGOTIATE doesnt have the same meaning most people think though, Pierre...2. to bargain in good faith with a view to the conclusion of an agreement or the revision or the renewal of an existing agreement - yes, but...

1. To TRANSFER for VALUE, by indorsement OR delivery, a bill of exchange or other NEGOTIABLE INSTRUMENT. - The Dictionary of Canadian Law 3rd-edition, and Pierre, if you're interested in setting-up your own trust, i strongly suggest you spend your next $130 towards getting a copy of the student-edition Donovan Waters' 'Law of Trusts in Canada' ;)

http://www.carswell.com/product-detail/waters-law-of-trusts-in-canada-4th-edition

Isn't it like, 80 pages or something?

Close...times 22 ;)

So, you want to keep me busy Derek ? :D

OH- and i finally figured-out what i want, Scott...to become a REVERSIONER!

"Ummm, pay no attention to what this guy just wrote above - these arent the droids you're looking for/he actually doesnt know what he wants..."

Sincerely, Government-trustee-REMAINDERMAN ;)

Weiss' is like 80 pages....That is the one I read!!!

I bought that one....I think I've got fucked :(

http://www.amazon.ca/Trust-French/dp/1115282298/ref=sr_1_5?s=books-en-francais&ie=UTF8&qid=1378937637&sr=1-5&keywords=trust

I have Weiss' on PDF for anyone who wants it...PM me. I think I got it from ChiefRock