"Maybe goldfish shouldn't be at the meetings."

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T-6 hours 4 minutes.

Despite their 5 page Lionel Hutz-esque "cease and desist," letter, they were evicted during a 2 hour process. Locks changed.

I slept in my car blocking the gate the last two nights.. one of their employees came and trespassed to take photos of our security cameras yesterday morning. Then today when I was just getting ready to go home to shower etc the same employee shows up, then his boss and a few friends in trucks - parked across the street either for intimidation or planning a break in.

I phoned the RCMP and waited for them. Then had a 3.5h back and forth between the RCMP, our lawyer, the Bailiff CEO and Court Bailiff that showed up to provide proof of Termination, the Bailiff's lawyer.. and I'm sure they had their lawyer on the phone on the other side of the street.

Dude had a court order saying we had to give him access to his leased premises. He has no leased premises - the lease was terminated the day before and he was evicted. Plus they never served anyone with the order papers or supporting documents. AND the Bailiffs have the keys, not us. They only came and put on this spectacle today intending to create a disturbance because my friend has a huge BBQ/show car event going on there starting in just over an hour.

After 3.5h of legal back and forths, the net result is No, you're not coming onto the property today - there was no legal reason we Had To allow them. They can go through the proper legal channels and access the property for their supervised move out.

This guy is such a schmuck. He's like a certain orange guy that can't accept that he lost an election. He's wasting his time and money trying to get a lawyer or judge to tell us we have to let him stay when he's already been evicted instead of spending his time finding a new shop to move to. In about a week, if he hasn't arranged for moving, we're having his stuff removed and he can claim it at the Bailiffs by paying them for it - or have it auctioned to pay for moving and storage.

This should be over, but this guy is going to keep being annoying as long as he can. Oh well - he'll have to pay my friend's legal fees after he loses.

Ha! He thinks he caught us in a legal "gotcha" as the constable told him "You've being denied access right now while they wait for legal advice." He heard "denied access," and left with his posse before we had wrapped up our conversations with lawyers on the phones. Oh well. Lawyer said since we hadn't been served with papers, there was no order to comply with.

Yep. He wasn't able to ruin my friend's event - which went off amaaaaazingly well!! Probably 80 cars and ~120+ people. 3 bbq's, DJ, show cars on display, tuned cars on display, new company livery on display on a truck, trailer, and development car.

BUT - he may be able to gain legal access to the place IF he serves that junk paperwork (from a legitimate court) to my friend the owner, myself, or the bailiffs. Then until our lawyer can have his paperwork nullified in court (takes 72 hours) then the bailiffs may be legally obligated to give him the keys to the units until the court paperwork processes to prove he obtained his court order under false pretenses. He won't be able to serve the papers to the owner - he's on vacation. He won't be able to serve them to me - he doesn't know where I live and neither does anyone that works at my friend's building. He may be able to get a court bailiff to serve papers on our bailiff company within 72h off Monday morning.

Now I'm going to work on getting people available to be on site 24/7 to watch that he doesn't do damage to the building or steal anything from the building.

Today he showed up with his lawyer, bailiffs, police, and locksmith and they cut the lock off the gate to access the parking lot and then drilled out all the locks on his units and changed them to locks he controls with his keys. He was instructed by everyone to not damage the building or steal the paint booth. A different bailiff served me with an inch of papers and I was sent ~90 pages of pdfs to read. They used his court order to access the property - but his court order was granted based on BS, most definitely not the whole story - and for everything he omitted from the judge I'm fairly confident his order will be set aside after a 72h notification period. We retained a(nother) lawyer to act on this ASAP and get their order set aside. I'm pretty sure it will be as any sane judge should realize he omitted most of the facts and only told the very few things that favoured him + lies.

It should get set aside after 72h I think/hope, then the countdown clock will start ticking again and he has 4 business days to move or we move his stuff out to the bailiffs storage facility and he can pay to get it from there. Then we'll see him in court to defend against his bogus civil suit.. and then not again until we sue him to recover costs of building repairs he committed to paying for.

In the meantime I won't be leaving the property for at least 3 days straight - maybe longer. But hopefully after 72h from tomorrow's application submission we're once again celebrating his next stage removal from the property.. then waiting 4 more days for final removal. Time will tell. *Fingers crossed*

*lawyer hat on* I only have a couple hours to prepare documents for a court application to have his bogus order set aside and allow our bailiffs to regain control of the premises & proceed with getting him out ASAP.

Good luck with that!



This could make a good script ... can you do storyboards?

Spent the day preparing the documents that I had to. Then our lawyer talked with his lawyer and they said if we apply to have their (bogus) order set aside that they will amend their application and request a hearing for "relief from forfeiture," basically legal whining to a judge that if he loses he'll suffer far greater losses than we will if we lose so it's too one-sided to be fair for him to have to lose. He also filed other frivolous lawsuits. So, we've instructed our lawyer to negotiate an out of court settlement for him to gtfo by x date and drop all of his frivolous lawsuits and we'll pay him up to $x redline maximum - and if he wants to decline and insist on staying longer than we want, refuses to drop his frivolous lawsuits, or wants more money than we'll pay.. then it's F You we'll see you in court, pay whatever it costs, and take our chances. I also spelled out for them what our counter claims will be to his - also information he can use to decide whether to take the sure money now and move out very soon, OR take his chances in court and see if a judge determines that our potential losses far exceed his likely losses. In that event he wouldn't have a leg to stand on and he'd be out on his ass with no money in hand. Only time will tell which route he chooses by sometime late tonight or early tomorrow morning - otherwise we go full steam ahead with our plans to apply to have his order set aside and prepare to defend ourselves in his planned hearing for relief of forfeiture.. which we have solid arguments for and may win. Those things are a 50/50, depends which side of the bed the judge got up on that morning - but at least we have some very solid arguments that Could see us victorious in that event. Only time will tell how this all shakes out now.. in the meantime I had 4 guys swing by for a bbq last night and there are others coming here tonight - let 'em know we have eyes on the property ensuring he doesn't damage it or steal anything.

Lawyer vs. lawyer until Friday at 4:00pm decision deadline - either he accepts a deal to get paid $x to vacate by next Friday September 3rd OR he doesn't and we go balls to the wall full tilt in court and oppose/challenge anything they file and the first split second they don't have a bs court order in effect we send our Bailiffs back to punch the locks and move everything out to their storage facility and he can pay their fees to get it back if he wants it.

Him and his posse of goons have been intimidating my friend's employees. If we lose employees over this we'll certainly suffer greater losses than he will while searching for a place to rent. That along with other damages/losses we'll suffer should be solid grounds to dismiss any attempt to seek relief from forfeiture - hopefully a judge sees it that way and sides with us if this goes to a hearing.

He has 35 minutes remaining to accept or negotiate a deal to vacate within a week OR we go full tilt in court lawyers vs. lawyers and let the judge decide.

As far as my friend or I are aware there was no deal made. No update from legal team. We assume that means time lapsed and we soldier on preparing to fight them legally.

The snakey guy amended his 30 point frivolous civil suit to include 3 more points that basically say:

31. My client fulfilled all of his obligations under the lease.

32. If he didn't, and we deny that, then those terms weren't fundamental to the lease. (which he chose every word of after a dozen rounds of negotiations - every word is fundamental to it.)

33. If he didn;t, and we deny that, and the judge says it was all fundamental, then we're applying for "relief from forfeiture." (basically - if I did it and I lose I lose way more money than them so it's not fair - but - we have mounting evidence that we stand to lose more money than he could if he stays, soooo... probably cya in court.)


I have another 2 weeks to reply to their civil suit. My friend has 3 as hasn't been served yet. (On vacation) I don't think there as stupid as to think awaiting a civil suit trial lets them stay here in the meantime. They haven't applied to amend their court order, or to extend it, or for a new one.. yet. And our lawyer informed them that he has instructions to enforce the termination and get them off the property asap. We didn't apply to set their order aside as we'd have had to prepare too many documents in too short of time in order to get them out 1 day sooner. If their order expires, we change the locks again and begin having their stuff moved. If they amend their order or apply for an extension or a new one they have notify us and we will oppose anything and everything and Go To The Wall.

Plus his lawyer said he says the paint booth is his and he intends to move it. Nope - it isn't, it's a fixture of the building, sold with it, is on the permit drawings on file with the city and was installed with a building permit to add it to the building.. it's akin to laying claim to the washroom that was built as a permitted renovation after the building was constructed and saying you're taking the walls and toilet with you. No; just leave - and leave the paint booth alone.

Fortunately for us we're all smarter than he is. This is just such a colossal waste of time for all involved.

If he has a good attorney he can drag this out and continue wasting everyone’s time.Simply because he’s a jerk.
Good luck with the saga.I’m glad ours are gone.

Thanks!

Fortunately for us, he keeps making mistakes with his rather poor behaviour (and sometimes on camera, audio/video) so that bodes well for us in court. I don't see how a judge is going to side with some "small business man," being "unfairly & too harshly punished for his actions," when his behaviour is increasingly rude and intimidating. Why would any judge allow him and his associates to stay on the property and make people feel uneasy in their place of work? Time will tell.

It seems his game is going to be continued stall & delay tactics with distractions of fabricated allegations and such. I'm expecting he will wait until the last possible minute to apply for either an extension to the order, or a new order, or some other legal manoeuvre intended to waste our time opposing him in court buying him time to continue occupying the property and over holding his lease until he finds somewhere to move to. He wants continuous operation of his businesses with no disruption by putting things in storage and we want him gone off the property ASAP as per our legal eviction.

Apparently he's found a place to move to for November 1st, but, it's next to impossible that that place has a paint spray booth as his lawyer told ours that his client intends to move it with him. No. The paint booth is a fixture of the building, installed permanently with building permits just like any other renovation, and belongs to the new building owner. Just gtfo now and don't damage the building/paint booth.

In the meantime, I've been at the building for almost an entire week. I spent one night at home last Sunday night, and left for a couple hours to go to Costco, and for a couple hours for a family event yesterday. Otherwise I'm typing away here and keeping watch, sleeping in my car across the parking lot from their former rented premises to ensure they're not damaging the building or stealing the paint booth at night.

Hmm, no communication from our lawyer yet - but over the weekend their painter washed his rv and moved it.. as if he was preparing to move it off the property. And then this morning there are a half a dozen empty crates in front of their units - almost as if they're beginning to move their s**t out.

Maaaaybe our lawyer successfully negotiated that and they're actually moving their s**t out of here to storage by the end of the week - not sure/dunno yet, gotta email and phone the lawyer and find out if there's a legal update or what the deal is.

Our assumption was that there was no deal reached and these guys were going to continue filing bs lawsuit/court order application one after the other for as long as possible in order to delay having to move for as long as possible.. especially since he's not allowed to steal the paint booth soooo we figured he'd basically just squat here while filing court paperwork every day or two as a stall tactic.

Their lawyer is talking tough, saying his going to file more complaints/lawsuits etc.. meanwhile, they spent today starting to pack and move some things. I Think they realize they don't have a high chance of success with their delay tactics and once a judge hears the whole story he'll have to move out immediately. At least they're finally preparing for that possibility/hopefully inevitability.

Meanwhile our lawyer has instructions to go To The Wall opposing anything he files. He has conjecture, we have evidence. We have a lot of prep work to do, but I'm not all that worried - the outcome Should favour us if there's any justice at all in dealing with an atrocious tenant that's taking advantage of his landlord.

The filed some court paperwork binder yesterday trying to get an extension on their bogusly obtained order, so we had ~1 hour to finalize our responses, get to our lawyer's, proof read/edit, add various exhibits, swear to the truth of them & sign off for submission before court closed at the end of the day seeing as we needed to respond with one full day free and clear in advance of the likely hearing Friday I think.

IMO, we have a much stronger legal position and all they have is "we want 2 months to move," with no legal argument for why it should be granted. Time will tell.. if we win this round, their order expires Friday night at midnight, I re-post the termination notices, block the doors with vehicles, and return in the morning to meet a locksmith to change the locks - again - in order to prevent them from breaking and entering, again, over the long weekend. Then they can pay to retrieve their things from the Bailiff's storage facility later..

UNLESS they move everything out before tomorrow night when their court order expires - while their lawyer is talking tough they've been busy getting empty crates delivered to pack up. A couple of vehicles that have never left the property in years are now gone off site. I do wonder if they're going to take everything of highest value and then abandon the rest of us to have to pay to move/store/dispose of etc -> whatever's legally required we'll pay for the bare minimum and then sue them to recover costs later.

A couple more bs frivolous lawsuits to get through.. next up; he filed a complaint saying I'm in contempt of his court order by sleeping in my car every night for the last week or so. Nope, court order doesn't say I can't stay on the property to make sure no one returns at night to do property damage or commit theft. Nothing illegal about my actions being in my car from ~11pm-1am until 7:30-8:30am in order to hear trucks/overhead doors/tools etc. Sorry buds, no stealing the paint booth from the body shop for you! (It was purchased & sold along with the building - but he's stated a couple times he intends to take it with him.. it's literally installed to the building with a building permit and would be akin to taking the washroom or office.)