Thursday, January 24, 2008

The Freemason Landlord Tyrannical Control Act

i) The Freemason Landlord Tyrannical Control Act
Aka the Illusion of a “Tenant Protection Act 1997”

Note that all parts highlighted in bold is what is illegally omitted from our laws and enabling
secret war crime. Reading the laws by skipping the bolded wording is roughly how our laws
read at the present time.


Under the Non-Payment of Rent laws, the Tribunal voids the tenants right to a fair hearing from the onset by not requiring the landlord to disclose and prove time periods and amounts claimed to be in arrears to accept it as fact. The Tribunal takes the position that the landlords application itself is the rubber stamp that the tenant owes and that the courts next duty is to extort payment or evict, with no provisions to argue innocence, by-passing the tenants right to argue innocence of the debt in the first place. The problem is, if the court does not require reasonable evidence from the landlord to support the claim of debt, and the tenant is not truly in unlawful arrears and the court orders payment or loss, the court is being used for extortion in violation of the Criminal Code of Canada or violation of Charter section 2., which is the right to take up residency.

As our laws are the landlord can just pick a number out of his hat and say you owe him. He doesn’t have to make it clear to you or the court which time period he is referring to. If the tenant has paid monthly rent for 5 or ten years, the tenant can be harassed to pull out every receipt from the beginning regardless that the landlord has his own copies of the same receipts. If a tenant truly owed money to the landlord, and he has all the receipts, the landlord would be able to readily point out precisely what time period he claims payment was omitted. By not making the landlord identify the monetary claim clearly, the landlord can sit back and hope you lost one of your receipts and then tack that date onto the matter after the fact.

Section 61 TPA: Non-Payment of Rent
61. (1) If it has been proven by evidence that a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier then,
(a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; and
(b) the 14th day after the notice is given, in all other cases.
Contents of Notice
(2) The notice of termination shall set out the amount of rent due, set out the specific clear dates or time period that is in omission of payment, with evidence attached and shall specify that the tenant may avoid the termination process of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant.
Notice Void if Rent Paid
(3) The notice of termination is void if, before the date the landlord applies to the Tribunal for an order terminating the tenancy and evicting the tenant based on the notice, the tenant pays,
(a) the rent that is in arrears under the tenancy agreement; and
(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given.

Regardless of reasonable case law, some judges who are connected to Freemasons, other criminal organizations and or displaced Monarchy ascendants taking false liberties will order an eviction against a tenant who is living out their last months rent after provided fair notice to another Freemason member. They will pass secret Freemason identifying signals. Case Law examples are not the same enforcement as having reasonable thinking etched right into the fabric of our laws. In this position, the tenant cannot then move at the lawfully notified time without falsely appearing to have been evicted which is enforced extortion by court order libel. This is in violation of a citizens right to take up residency and the right to freedom of mobility as guaranteed by the Charter.

CASE LAW: 425343 Ontario Ltd. V. Gohari (January 22, 2002), Doc. TNL-32837, [202] O.R.H.T.D. No. 10 (Ont. Rental Housing Trib.) The Landlord was not entitled to order for non-payment of rent because the landlord had last months rent deposit to apply to the following month. (Similarily, if a tenant gives an extra long notice to terminate to the landlord, such as 70, 90 or 120 days, the landlord is not entitled to earlier payments or a non-payment of rent order for rent usage not yet encurred or due.)

When judges just dismiss without further action a landlords obvious attempt to extort from the tenant, it enforces to the landlord that extortion is approved of by the court. This voids the tenants right to protection from crimes listed in the Criminal Code as guaranteed under Charter section 7.

Section 72. TPA: Non-Payment of Rent
72. (1) A landlord may not apply to the Tribunal under section 69. for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 61. i. if the tenant has not been shown by evidence to be in specific arrears; ii. is living out a rental deposit as a result of a willful and lawful termination notice; or iii. before the day following the termination date specified in the notice.
Discontinuance of Application
(2) An application by a landlord under section 69. for an order terminating a tenancy and evicting the tenant must be based on a properly informing notice of termination under section 61. and shall be discontinued if,
i. before or when the Tribunal deliberates the issues of the requested eviction order, the Tribunal is satisfied by evidence that the tenant has paid to the landlord or to the Tribunal,
(a) the identified time periods and amounts of rent that is claimed to be in arrears under the tenancy agreement;
(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given in circumstances where the tenant is not living out a deposit based on a lawful and willful termination notice; and
(c) the landlord’s application fee;
ii. when the Tribunal deliberates it is satisfied by evidence or lack of evidence that the tenant is not unlawfully in arrears; or
iii. when the Tribunal deliberates it is satisfied by evidence that the landlord had no reason to believe the tenant was in arrears, falsified to the court a position of arrears or ought to have reasonably known that the tenant was not in arrears, and whereas the court shall forward such matters automatically to the officials holding jurisdiction for criminal prosecution under Canadian Criminal Code, sections 132. Punishment, 133. Corroboration, 136. Witness giving Contradictory Evidence, 139. Obstruct Justice, 140. Public Mischief, 299. Publishing (including the issuance of Fraudulent court orders), 302. Extortion by Libel (on a court order), 341. Fraudulent Concealment, 346. Extortion, 380. Fraud, 388. Misleading receipt, 397. Falsification of Books and Documents, 423. Intimidation, 429. Wilfully Causing Event to Occur, 430. Mischief, 585. Sufficiency of Count Charging Perjury, 586. Sufficiency of Count Relating to Fraud, or any other offence committed by abuse of the court processes.
Order Void
(4) An eviction order referred to in subsection (3) is void if the tenant;
i. pays to the landlord or to the Tribunal, before the order becomes enforceable,
(a) the rent that is in arrears under the tenant agreement;
(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given in circumstances where the tenant is not living out a deposit based on a lawful and willful termination notice;
ii. shows by evidence or lack of evidence, at any time to the Tribunal, that they are not proven to be in unlawful arrears.
Notice of Void Order
(5) If before the eviction order becomes enforceable the tenant pays the amount for the time periods specified in the order under clause (3)(b) to the Tribunal, or at any time can show that they are not unlawfully in arrears as accused, an employee of the Tribunal shall issue a notice to the tenant and the landlord acknowledging that the eviction order is void under subsection (4).
(6) If before the eviction order becomes enforceable the tenant pays the amount due under subsection (4) either in whole to the landlord or in part to the landlord, and in part to the Tribunal, or at any time can show that they are not unlawfully in arrears as accused, the tenant may make a motion to the Tribunal, without failure of notice to the Landlord, for an order determining that the tenant has paid the full amount due under section (4) and confirming that the eviction order is void under subsection (4).
Evidence
(7) A tenant who makes a motion under subsection (6) shall provide the Tribunal with an affidavit setting out the details of any payments made to the landlord, or the lack of evidence to support an accusation of unlawful omission of a time period of payment of rent and with any supporting documents the tenant may have.
No Hearing
(8) The Tribunal shall make an order under subsection (6) without holding a hearing.
Motions by Landlord
(9) Within 10 days after an order is issued to the parties under subsection (6), the tenant or the landlord may, on notice to the tenant or landlord, make a motion to the Tribunal to have the order varied or set aside.
Order of Tribunal
(10) On a motion under subsection (9), the Tribunal shall hold a hearing and shall,
(a) if satisfied that the tenant did not pay the full amount due under subsection (4) before the eviction notice became enforceable, set aside the order made under subsection (6) and confirm that the eviction order is not void under subsection (4); or
(b) If satisfied that the tenant paid the full amount due under subsection (4) before the eviction order became enforceable, or that the tenant is not in unlawful arrears, refuse to set aside the order made under subsection (6).

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