Lawyer File #1

 

March 30 2007

To: Province of Ontario ORHT Rick Hennesey Regional Manager

Lawyer File # 1

From: Frank Gallagher 34 Riverglen Drive Keswick, On. L4P 2P8 [email protected]

Fax: 416-314-9567

Part 1, Canadian Charter of Rights and Freedom Canada is founded upon PRINCIPLES THAT RECOGNIZES the SUPREMACY OF GOD and THE RULE OF LAW

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the  provisions of the Constitution Constitution is, to the extent of the inconsistency, of no force or effect. 31. Nothing in this Charter extends the legislative legislative powers of any body or authority. 32. (1) This Charter applies (a) to the Parliament P arliament and government of Canada in respect o off all matters within the authority of Parliament including all matters relating to the Yukon Yuko n Territory and Northwest Territories; Territories; and (b) to the legislature and government of o f each province in respect o off all matters within the authority of the legislature of each province. 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal  benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disabili disability. ty. Re: ORHT FILE TNL-67103 Dear Rick Hennesey As you should be aware, on June 30 2005 my former tenant Don Wilson committed 2 counts of fraud over $100,000which and 1 Nancy count of filing false and misleading information over $43,000 at the Ontario Rental Housing Tribunal Fahlgren presided over.  Nancy was well aware of these offenses and I said said to her “There ought to be a law” and she responded “There is” and went on to state “in cases like this she can forward it onto tthe he Investigations Investigations and Enforcement Unit for them to review and take the matter on to Provincial court.

Since the Tribunal order I have tried to contact Nancy by telephone but was informed that I may not talk ta lk to her. I wrote Nancy at the ORHT September 28 2005 and September 30 2005 asking if she would be proceeding on this matter and you responded September 30 2005 stating the file was closed and you would not be retaining my letters on file.(see pages 5-7) I have also attached a letter from the Ombudsman who who contacted your office regarding this. (See page 8)  

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I received a disk copy of the first day of the hearing June 30 2005 from your office and the p art where I said “There ought to be a law” and Nancy’s 2 minute response are missing from the recording and for some reason the second day July 28 2005 was not recorded. I should note that it took your office 3 weeks to get the disk ready for me which gives me concern and perhaps that is due to them thinking about removing the information. Your office is guilty of Offence 206(1) 6. i under the Tenant T enant Protection Act , 1997,

Tenant Protection Act, 1997 Offence

206 (1) Any person who knowingly does any of the following 6. Harass, hinder, obstruct or interfere with a landlord in the exercise of, i. securing a right or seeking relief under this Act or in the court, or

(2) Any person who does any of the following is guilty of an offence: 1. Furnish false or misleading information in any material filed in any proceeding proceed ing under this Act or provided to the Tribunal, an employee or official of the Tribunal, an inspector, an investigator, the Minister or a designate of the Minister. Don Wilson filed false and misleading information with the ORHT, s.206 (2) i namely the dispute dated June 10 2005. I shall also follow this fax with a 73 page letter I sent to the Toronto Sun October 8 2 2006 006 which I request your office to review and I would like an explanation as to why the information was missing on the recording of June 30 2005 200 5 and why there was no recording for July 28 20005. Once you have reviewed the 73 page letter which provides all the relative evidence which  proves beyond any doubt that Don Wilson is guilty guilty as stated I request you do the job your office was responsible to do initially. The 2 counts of o f fraud over $100,000 regarding 2 agreements agree ments Don Wilson Wilson signed with w ith a  phony signature and denied having ever signed them or seen them which I proved he did sign, are an offense under the criminal code. These agreements were entered as evidence to prove the dispute he filed dated June 10 2005 with the ORHT was false and misleading information information and the t he Tribunal order TNL-67103 found for me. Case proven.  Now do your duty to get him charged please.

 

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As for the Fraud charges he commi co mmitted tted them t hem in your provincial office right in front of your judicator Nancy Fahlgren and it is your responsibility responsibility to deal with this to let the  public know they can’t do such things, especially in a court of law law financed by the  people for the people for the purpose of seeking justice. justice. Hell, it’s pathetic that I have to explain this to people who administer law.   There are other matters concerning my rights under the Constitution Act, 1982 which must be looked into. See copy of TNL-67103 (pages 9-11) With regards to the order TNL-67103 (see page 10) the tenant was ordered to pay me 4% interest on any amount of the arrears he has not paid by August 18 2005. He has not paid a penny of the arrears to date which was aprox. $10,000 at the time.(page 11) He has owed me the money accumulatively at $800 per month starting August 1 2004 of which no interest was  provided for. If the tenant had given me a deposit the Act states I should pay him 6%  annually. So obviously I have concerns about my equal rights under the Charter 2 inconsistencies right there.

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the  provisions of the Constitution Constitution is, to the extent extent of the inconsiste inconsistency, ncy, of no force or effect. 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Perhaps it’s the fact that there are so many inconsistencies with the Tenant Protection Act, 1982 that the government doesn’t want the people to know about, that has caused all my problems. For another example the tenant was ordered to vacate my premises on or before August 18 2005 but didn’t and when I went to the sheriff’s office to have him removed as the order stated they wanted $330 from me.   The tenant disobeyed the order of law to vacate and I must pay. That doesn’t seem very constitutional to me.  

 Nothing the various various provincial offices offices have done seems Constitutional, Constitutional, all favoring the immoral. If a person was ordered to pay a fine to the court, the courts would order him to make arrangements to pay before he left the court. Instead we victims must to drive to another court house and pay more money out due to his non compliance with the law. What kind of a system have we got here in Canada where the law favors the immoral? Obviously we will never accomplish a moral society with the system that is in place now, which is not with the spirit of the Constitution at all.

 

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Offences There are 34 offences in the Tenant Protection Act (TPA) that apply to residential re sidential tenancies. This pamphlet sets out how to report an offence, who to contact and the available remedies.

Your Options Options  It is up to you whether or not to:

 

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report an offence to the Investigation & Enforcement Unit;

and/or

 

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apply to the Ontario Rental Housing Tribunal.

 ________________________________________________________  ____________________________ ______________________________________________________ __________________________

Again (1) I request you you to commence proceedings against against Don Wilson Wilson for filing filing false and and misleading information, informa tion, an offense o ffense under s.206 (2) of the Tenant Protection Act, 1997. (2) I request you to commence or cause to commence proceedings against Don Wilson for fraud over $43,000 under the criminal code regarding his false and misleading information (his dispute which I  proved false and the 2 agreements which he had signed with a phony signature and denied ever seeing which I proved to be legitimate which he signed which verified that he had not paid up rent until February 2009 as he stated in his dispute. Approximate value $43,000 (3) I request you to commence or cause to commence proceedings against Don Wilson for fraud over $100,000 under the criminal code regarding the fraud he committed in your court co urt room regarding the two agreements. (You are an independent body at arms length of the Provincial government carrying on duties in pursuant of justice in the Province Pro vince of Ontario and you are obli o bliged ged to comply with the Constitution Act, 1982 in the performance of your duties. You Yo u are financed by the people peo ple to administer justice under the Tenant Protection Act, 1997 19 97 and that Act must be consistent with the Constitution. Criminal acts can not be tolerated in our courts of the land if the Constitution is to be respected by the people and how can they or why would they if the administrators of the law do not respect it. One has to wonder what the hell is going go ing on here and I for o one ne am doing more than just wondering. (4) I request you to address the issues regarding the inconsistencies inco nsistencies of the Tenant Protection Act, 1997 with the Constitution Act, 1982 It is my understanding that your office simply forwards the t he evidence onto the Investigations and Enforcement Unit, Coordinator, Dave Grech of the Ministry of Municipal Aff Affairs airs and Housing regarding Don Wilson filing a false and misleading information under s.206(2)1 of the Tenant Protection Act 1997. I request that you do so immediately please, and include a cop copy y of the 73 page Toronto Sun letter dated October 8 2006 Please forward me a copy of o f the transmittal transmittal with your response. Thank you  

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