13140 Thomas Road, Ladysmith, BC, Canada

Here we go again! 

I believe oppression of renters by owners,  landlords, third parties and the judiciary in British Columbia and the resulting homelessness must stop!

September 07, 2011 1:18pm Back from RCMP in Ladysmith, BC  File #2011-2896

This is regarding the sale of this property at 13140 Thomas Road in Ladysmith. 

A letter was given to me, dated August 31, 2011 by our landlord from the owner of the property regarding an eviction of me, my property and wife Annamie from this property within 2 weeks TO BE ENFORCED by the RCMP!

I believe this is motivated by pure greed. There has been a fraudulent claim that vacant possession of property is required to let a relative of a new owner occupy the property without giving fair and just notice to existing tenants (us and our landlord, Andrew Colwell ) so as to increase the rents or comply with a sale...

as required by the British Columbia Residential Tenancy Act and Manufactured Home Park Tenancy Act also at: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01

and administered by

B.C. Home >

OHCS >

Residential Tenancy Branch 

I will add this file to the "Kapoor Kapers" file and will shortly be scanning and  posting appropriate documents here to

http://kapoorkapers.blogspot.com/. 

This action has national and international implications.  It has been very difficult for wife, Annamie who came to Canada in 2003 as a self sponsored immigrant and got her Canadian citizenship in 2009. 
She has discussed it with family and friends in Manila and Cebu, Philippines, in Toronto and Ladysmith, Canada. It is our hope to expose the actions of persons who would deprive us and others of our rights and homes without due legal process in Canada.

Kapoor Kapers

http://kapoorkapers.blogspot.com/

 Can tenants get justice from owners and landlords in British Columbia, Canada? If they won't settle with us, can the British Columbia Residential Tenancy Office, the municipal authorities, The RCMP, the Provincial and Supreme Courts of B.C. and Canada put things right? See what happens next... 

(Facebook keeps blocking my post of this!)

Andrew MacMillan - 10899 Wilcox Road, Ladysmith, BC

THIS IS TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE.

Andrew MacMillan was to find the documents (Beef) for the Supreme Court of BC in Nanaimo to prove he and sister Jurina had bought the house on Wilcox in Saltair, BC together in 1987. Andrew put $40,000 in and so did Jurina. Jurina was afraid that because of Andrew's business ventures and investments, they might lose the house if things went wrong, so Andrew wasn't on the Deed. Andrew did however pay the utilities, do the repirs nd paid the taxes. They had reciprocal wills. If Andrew died, Jurina was to get his 50%, If Jurina died, Andrew was to get Jurina's 50%.

Instead Jurina got involved with the Arbutus Hiking Club, her friend McWhirter had a lawyer - daughter, Jennifer McCormick and they induced Jurina to make a secret will, giving Andrew a life interest in his OWN HOME, with the remainder of Jurina's "estate" to be left to The SPCA! Jurina was 10 years older than Andrew and acted very overbearing to Andrew on the few times I saw them together in 1995.

This is how lawyers build their "practices", by being named the executor. Imagine Andrew's shock when one week after his sister died, on a Saturday morning, McCormick showed up with a female RCMP officer to "keep the peace" and remove some old rifles that McCormick indicated she was "afraid" Andrew might use when he found out the purpose of the visit. She hit (served) Andrew with the "new will", told him to read it, while she headed straight to Jurina's master bedroom and scooped all the documents, jewelry, insurance policies and gold there. Andrew was still in shock at Jurina's death, now he found out what Jurina's death bed confession and apology meant. McCormick told Andrew, "Just like you used to listen to Jurina, now you'll have to listen to me!"

The house was in dire need of a new roof and a new furnace. Andrew had no choice but to continue the upkeep of the house, so he contracted with Sears to do the work. When he presented the bills to McCormick for payment, she refused. TO BE CONTINUED...

Hearing

Okay, I've been really busy getting ready to have this matter heard. Worked two days straight through and still didn't get all the evidence submitted I would have liked to. So I did the next best thing. Submitted what I was able to prepare...

August 3 Monday.
8:30 Began work for the day. Ate lunch at my computer. Annamie is attending Beth Moore studies at the church, so she drove there and back by herself. When she came home at 9:30 pm, I continued to work until 4:15 am...

August 4 Tuesday
I got up at 11:00. We went into Ladysmith to have photos for the case made at the Ladysmith Rexall. ($11.10) We returned home and I began putting the submission of evidence together. Because of the volume, I stayed awake all through the night and the following day, August 5.

August 5 Wednesday
When Annamie woke up at 8:30, I showed her what I had done through the night. We traveled to Nanaimo, went to Staples and photocopied what we had. We made two photocopies, bound and packaged them ($36.43). We then sent both packages by Canada Post Express Mail to both the Ericksons and the Residential Tenancy Branch at 12:27:58 from Terminal Park Mall in Nanaimo. ($22.66)

August 10 Monday
The Erickson's, have retained a lawyer (Cory Towriss of Orchard and Co.) She advised that the Erickson's only received the package on SATURDAY. Cory requested an adjournment because they aren't prepared and felt that I had given insufficient notice. Given the circumstances of this matter, I refused. Cory allowed that she had perused the file and understood.

NOTE: Check tracking #, Canada Post. Annamie advises me that we can easily verify the veracity of everything claimed. And we did so.

DONE: August 15, 2009 with these results:

Canada Post P Print | Close Tracking Number LT462840859CA
Please note that this is the most up-to-date information available in our system. Our telephone agents have access to the same information presented here.

Track Status

Product Type: Xpresspost
Date Time Location Description Retail Location Signatory Name
2009/08/06 11:59 DUNCAN Item successfully delivered
Track History
Date Time Location Description Retail Location Signatory Name
2009/08/06 11:59 DUNCAN Item successfully delivered
2009/08/06 06:51 DUNCAN Item out for delivery
2009/08/05 12:35 NANAIMO Item accepted at the Post Office
Shipping Options and Features for this Item
© 2009 Canada Post Corporation

DEAREST READER - PLEASE NOTE: MAKE SURE THAT YOU CLEARLY UNDERSTAND, ANYTHING YOU SAY AND DO MUST BE DOCUMENTED AND VERIFIABLE.

HERE is a perfect example of why telling the TRUTH is the only policy! The evidence is clear: The packages were delivered THE NEXT DAY, Thursday, August 06 NOT Saturday August 08 as the Ericksons claim (even to their lawyer).

August 13 Thursday
At 1 pm the hearing began by teleconference. The NOTICE OF A DISPUTE RESOLUTION HEARING dated May 08, 2009 has a telephone number to call in to. Introductions were made, Dispute Resolution Officer (DRO) is Ms. Manerin. Also online were the Ericksons (Alec and Rosalee), their lawyer and me. I advised all parties that my wife, Annamie was also listening in.

At hearing the arbitrator inquired if I was ready to vacate my action in the Supreme Court of B.C for DAMAGES, COSTS and EXPENSES for this matter to proceed.

I agreed to do so for the limited scope of determining what the Erickson's owe me under the Residential Tenancy Act.

I still want a Judicial Review of what happened during my eviction from the Erickson's on May 29, 2006 and the fact's leading up to it, including the failure of local authorities to come to my assistance. (RCMP, Regional District, Vancouver Island Health Authority, Building Inspections, etc...)

The Order of Possession was obtained and used against me in spite of the APPEARANCE filed on behalf of the Ericksons on May 24, 2006 by Orchard and Co. I was seeking a STAY of that eviction.

I was advised that if I didn't like the decision, and want to pursue this matter in the Supreme Court, I would have to obtain leave. After obtaining reassurance that such leave would not be unreasonably withheld, I agreed to this matter proceeding.

I was only able to give 1/3 of my evidence and the DRO wanted to set a date to continue.

So now the Ericksons have been given until August 31 to respond to my submission, submit their evidence and send me a copy. I have to respond by Sept. 14 and the hearing by teleconference is scheduled to continue on October 21, 2009.

So I'm now awaiting the Erickson's submission, but following up on other issues raised at the hearing on the 13th ...

This is why I, Chris J. Slater, as a tenant, believe the owners, Alec and Rosalee Erickson of 5885 Kapoor Road, Duncan, B.C., Canada used a small cabin and attached trailer on their 12+ acres at Paldi, 10 km. west of Duncan, B.C. as uninspected and low cost accommodation to lure unsuspecting people such as I.

I believe their intent is to obtain rent as well as unpaid labour, caretaking, guarding and construction work without paying a fair wage.

I believe they do so in a manner intended to avoid Municipal, Provincial and Federal labour and tenant legislation.

I also believe those persons tasked with enforcing the various statutes, regulations and laws have been negligent in assisting me and other people I know of.

After only a few months of being their tenant, paying the rent on time, doing no damage to the property and putting up with their unreasonable demands, the Erickson’s engaged a law firm in Duncan to assist them in denying me my rights.

They used a “constructive” eviction process that lead to what I believe to be an eviction without due cause or recourse.

In so doing they have caused me undue loss and hardship. I now seek just restitution and penalties against the Erickson’s, their advisors and those who were negligent in coming to my aid.

2. A Little History
Prior to Nov. 01, 2006

I am on a Persons With Disabilities (PWD) income from the government of British Columbia. (See Persons with Disabilities, BC Employment and Assistance for Persons with Disabilities at http://www.hsd.gov.bc.ca/PUBLICAT/bcea/pwd.htm.

I want to be gainfully employed, but in recognition of my limitations, I sought help from the Ladysmith Resources Centre. See http://www.lrca.bc.ca/about.asp

Mr. Bob Hermanson helped me enroll in the BC Open University, Open Learning Agency, see http://www.ola.bc.ca/. I was given a Dell Latitude Pentium III to use, and when I graduated, it became mine. I am still using this machine today, but it is getting quite tired (like me as I near 62).

There are now changes (see http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=A1ARTA0010036)

I took distance education courses on Computers in Business CMPT 108 and 109 and one of my instructor had this to say:
____________________________________________________
Mon, 02 Dec 2002 15:40:17 From: John Barber
Subject: Re: CMPT 108 Course Project Report
To: Christopher Slater

Hi Chris:

Your course project report was most creative and entertaining. Well done - 100%
You have passed the course with flying colours. Congratulations. Good luck in your future and don't forget to keep studying and learning.

Cheers
John
________________________________________________

I went through and finished the Triumph Vocational Services programs in Parksville, and planned to reconnect in Duncan when I moved there...

I also was involved with the Achieve B.C. Program, see http://www.theobc.org/program_achieve.htm

Thus having equipment and an education paid for by the taxpayers of B.C., I went in search of suitable employment.

Upon learning of an advertising opportunity that might allow me to use my new education and some of my resources, I sought out and put the WWW.PIN.CA advertising on my automobile, went to meetings and got literature. I was finally doing something I could expect to make some money at...





3. Finding and moving to Accommodation
I investigated a commission position as the Duncan Value Manager. I accepted conditional upon my move to Duncan, B.C. from my existing rentals at Coombs, B.C., I needed to find suitable accommodations. I began reading and contacting Duncan area rental ads.

The costs of obtaining accommodations and moving to Kapoor Road, Duncan are $20/hour, mileage @ $.38 / km. plus any other expenses. In Coombs I was paying All Save Mini-Storage rent for my 5th wheel and two Datsun trucks, $38.38/ mo. and my housing in Coombs was $325 which included space for my small shed.

Nov. 01 Purchased Buy, Sell & Trade publ. $2.28 read and replied. 4 hrs.

Nov. 02 Put my ads in the Buy, Sell and Trade. 4 hrs.

Nov. 03 Contacted local realtors 3 hrs.

Nov. 06 Contact Deb Kutas, Lee Lane Asher of B.C. MEIA at 387-9606
re moving assistance. 2 hrs.

Nov. 10 Make - print poster, post Duncan Accommodation Wanted 3 hrs.
20@$1=$20

Nov. 14 Contact B.C. MEIA   advised of move, told to get 3 estimates 4 hrs.

Nov. 16 6:30 – 10pm Phone calls to Duncan 3.5 hrs.

Nov. 17 Marjorie and David Green, acreage to view, trip to Duncan.
Posters placed, RV parks visited: Riverside RV, Riverside Cabins & Campgrounds,
Chemainus River Campground.
208 km return @ .38 per km. = $ 79.04 8 hrs.
Meals = $ 30.00

W. Merritt, my landlady in Coombs takes messages including one
From “Alex” Erickson 746-6397 for caretaking
.
Nov. 18 Contact Alec Erickson at 746-6397. Are desperate, they are
celebrating anniversary by going to Mexico Feb. 8 to 28/07.
Just want someone living on their 12 acre property to provide
security, as they have had three break-ins, feed a German Shepherd
when they are away and mow and water a small lawn in the summer.
They already have a gardener and housekeeper comes in. They
will provide a 10’ x 20’ cabin with 20’ trailer alongside, roof covers
both. Located at Paldi, B.C., 5885 Kapoor Road. Rent: $100 a
month to cover cost of hydro.

Telephone bills paid to W. Merritt, 1 hr.

Nov. 19 Travel to Paldi, met and advised the Erickson’s about my disability income,
my position with WWW.PIN.CA  (Plastered all over my car) and
my limitations to do physical work. They said it is okay, have a son
Wayne who can help them out. Their other son lives in Campbell River.
Grandson is storing truck on the property. Sign lease with Alec and Rosalee Erickson.
Rent $325, all conditions are noted on http://www.rto.gov.bc.ca/documents/RTB-1.pdf
per B.C. MEIA requirements. (See agreement)
Possession: December 1.
228 km return @ .38 per km. = $ 86.64 8 hr.
Meals = $ 30.00


                                         This is the cabin and trailer I rented at Kapoor
                                         Road, from the Ericksons. I took this photo the
                                         day I rented it....



1. Overview
Nov. 20 Copy of RTA to Debbi, MEIA by fax: 1-800-399-9354

PROBLEMS / MISREPRESENTATIONS BY ERICKSON'S

1. Contact Telus. Am informed the Erickson’s are wrong about phone
lines: Single lines only to cabin, dial up internet only.
$45 connection fee.

2. Contact Shaw Cable – internet: nothing is available at Kapoor
Rd., they were refused connections by the Erickson’s.

The above connections are vital to my position with PIN.CA and the Erickson's delberately mislead me in order to get me to "look after" things for them.

Nov. 21 Phone calls received for desk and 5th wheel for sale, but because I now had aplace to use and keep them, I advised that I’m keeping them after all. Sales lost

Nov. 22 Bruce, J.B. Taylor, move 5th wheel on 30th, quote

Nov. 23 Movers: Arbutus RV, Hub City RV, Nanoose Bay Towing,
MidIsland Towing, Last Call, Accel Towing, Al’s Towing,
Coombs Country Towing, Oceanside Towing. 3 hrs.

Nov. 24 Submit moving estimates to B.C. MEIA $616.40 3 hrs.

Nov. 27 Ericksons advise: There is 2 feet of snow, cracked blade on
cat. Road is closed. New carpet in shed and trailer, shower
curtain, phone for update tomorrow. Write out “CHANGE OF
ADDRESS AND TELEPHONE NUMBER” and prepare to send.

Nov. 28 Alec says the power is out, can’t fix broken tractor blade,
snow is 2’ deep, pulled down cabin telephone line. Can’t
bring in my trailer, snow too deep.
Print out 4 page map and directions for movers, Coombs to
Kapoor

Nov. 29 Steve, MEIA only will allow $150 for my personal effects,
nothing else. Must be approved for more by Debbi Kutas
or Lee Lane Asher.

Nov 30 Unable to move today. Everything is snowed in.

Dec. 01 Unable to reach anyone today.
Rent receipt – Predated by Rosalee Erickson $325 received

Dec. 02 Cleaning out shed, getting it ready for move 8 hrs.
W. Merritt returns my December rent $325, deducts
phone and internet $35

Dec. 03 10 am to 5 pm Worked at All Save Mini-storage. Shovel
snow off 5th wheel and trucks, got one stuck 5 times.
Fay, manager of All Save is worried I might have a stroke. 7 hrs.
Message from W. Merritt: Sun 12:59 Chris – Albert Erickson
can’t help you lift. So you need someone to help you unload.

Dec. 04 9 am to 8 pm Load truck at All-Save, loading at Virginia
Road. 12 hrs.

Dec. 05 Truck to Nanaimo; pick up moving check from MEIA, $250,
deposit to LSCU, pay Ericksons Dec. rent, unload at Kapoor
with Chris, neighbour. RE-INJURED MYSELF ON ICY SLOPE
to cabin while unloading truck. Return to Coombs. Food $30,
Diesel fuel: $30 – Duncan, $12.26 – Nanoose. Got 2
windshield rock chips on Hwy. 18! 12 hrs.

Dec. 06 U-Haul truck rental: $201.67, J.B. Taylor moved 5th
$180.00. Started 1 pm, finished at 9pm. When we arrived
at Kapoor, Alec was going out, left a note on door. “Chris –
had a death in the family, be back about 5:30 – 6:00”.
We, (Bruce and myself) spent 5 HOURS ON this MUDDY
SLOPE, along with Alec and Rosalee after they returned.
Alec insisted to put the fifth wheel out of his sight... I re-
injured my left knee, had to lie down. 8 hrs.

Dec. 07 Bill came at 5 pm to load shed, his wires got tangled, truck
has to be repaired. 3 hrs.

Dec. 08 Bill came and is only taking shed today to Kapoor. Got
stuck trying to place shed by 5th wheel, Alex towed with
tractor up muddy slope. I slept at Kapoor. THE CEL PHONE
DOESN’T WORK HERE. 6 hrs.

Dec. 09 Ericksons have mail for me in their mail box. I must get my
own in town.

Dec. 10 Advise Alex the toilet is leaking. Why is only the propane
stove on, and not the heater or water heater? What is with
the burnt part above the propane heater? I was told, “Dave
Former tenant)had an explosion and almost burnt the trailer
down.” So I have no hot water heater or propane heater.
I am forced to turn off the entire propane system and heat
my home and water with the woodstove.

Dec. 11 Discussion w/Alec. Toilet – got kits, always use them – look
at instructions – receipt signed – update of plans – gate –
discuss duties (Lock gate only when he isn’t here) How do
you want money paid? Cash is best. Receipts – if I insist.
(I do.) I am NOT allowed to use rural mailbox, must get:

Dec. 12 P.O. Box 893, Duncan, B.C. V9L 3Y2 3 months rental, key
deposit: $47.38 Work in Cabin, repairs, cleaning, put things
away, take toilet off for Alec 6 hrs.

Dec. 13 0830 Alec is at door not taking toilet with him to town after
all! He says I can use the pit toilet behind the shop until he
gets it fixed. Wind storms knock out telephones and power
(lights and water). I’m thankful for woodstove.
Aquanis Pool. No aqua therapy disability subsidy because
I live in Area “F”.

Dec. 14 8:30 to 9:30 Alec shows me broken vacuum break on toilet,
will get a new one today. It’s SNOWING again. Clean up
firewood pile in front of cabin.

Dec. 16 8:30 Outhouse trip – still! Fridge is hard to adjust, either
freezes everything or not. 10:00 pm Finally, Internet is
working! Dial-up is also a problem.

Dec. 17 10:15 am – outhouse, connect discarded TV antennae,
get Ch.10 okay, 12 and 6 poorly. Alec has satellite. Level
5th wheel. Alec returns toilet, I worked until 3 AM to reinstall
(Alec can’t get in there!) and IT STILL LEAKS! I decide to
turn off water, just wash it down from the shower hose. 6 hrs

Dec 18 Work in yard, moved skirting to 5th wheel, set up, digging 4 hrs

Dec 20 10 am Alec and Rosalee are going to Victoria. No Laundry!

Dec.21 Sea – Breeze Coin op Laundry, Duncan $3.25 1 hr
Rent receipt for Jan. 1 to Feb. 1/06, R. Erickson $325 (cash)

Dec. 22 Alec is at door, woke me up, move my ’74 Datsun to get at
gravel pile 1 hr

Dec. 23 Swim at Cowichan Center – no shower at home, just
sponge baths. $2.50 1 hr

Dec. 24 Cold in trailer, electric heater is too drying.

Dec. 25 Merry Christmas My granddaughter is born in Victoria.
Spend Christmas day skirting 5th Wheel 4.5 hrs

Dec. 29 Dr. Faulkner, Silverfern Clinic, 160 Jubilee St. – recommend
Cortisone injections for sore left arm.
Swim and shower, Cowichan Center $2.50

Dec. 30 Splitting Poplar log rounds – frozen, full of moisture,
piled in front of cabin. Alec told me it was the only wood available
and he wants it gone anyway. Originally planned to have it
milled but he was later told it is unfit for lumber, although he did
keep two saw logs to “experiment” with. Because of the high
moisture content and open cells, they do not even make good
firewood.

4. 2007

Jan. 02 Swim & shower, Cowichan Centre $2.75 2 hr
Sea Breeze Laundry $4.50
Telus Internet $29.43

Jan. 05 Reschedule Erickson Inspection
Telus phone bill $89.41

Jan .07 Erickson Inspection - gave him pipe wrench, files, and
Fireplace poker that was broken when I moved in.
Later Alec gave me a chimney brush to use..

Jan. 08 Finish setting up office ` 4 hrs
6:15 pm. Alec not going away after all. Would I shut gate?

Jan. 13 Lots of Carpenter ants in kitchen and Woodpeckers in attic.
Thry like the wood heat, attic isn’t screened or covered in.

Jan. 14 Work on trailer – window coverings, ants 6.5 hrs

Jan. 16 Dr. Sanders appt. for MEIA, low sodium diet
Drapery track $3.43
Butt connectors $4.77
Brackets, shade $4.47
Runners, wh. $1.86
Photocell, indoor $7.59
Brackets, std. $1.69
End stops $0.99
Fix curtain rod, cabin window, re-hang curtains 3 hrs
Sea Breeze laundry $4.50

Jan. 17 Alec wants me to check out heat loss through cabin roof, offers
An old fridge and deepfreeze. 12 – 12:38 Pictures of cabin &
Insulation for Alec

Jan. 18 Hang two blinds in trailer, chop wood, bring in 3 hrs

Jan. 20 10 am Alec at door, wants to know what I’m planning – 11 am
Take plastic OVERTOP of INSULATION out. 2 hrs
Cowichan Center, swim and shower $2.75

Jan. 22 Chop wood 2 hrs

Jan. 27 Wrap, give 50th anniversary gift to Alec, rent for Feb. $325. receipt

Jan. 30 8:20 Feed Bud, the German Sheppard.. Telus bill $126.49

Feb. 01 10 – 11 am Help Alec insists I unload particle board 1 hr

Feb. 04 Alec, close gate, meets Cathy (their housekeeper) Tues. 5:30

Feb. 05 11:45 Alec to install floor strips, after lunch, sweep up, open
Vents.
1:39 Fin. Study while Alec works ( only room for 1.)

Feb. 06 To the Erickson’s house. Info re Wayne Erickson while they are
in Mexico.

Feb. 11 Cowichan Center, swim and shower $2.75
Seabreeze laundry $6.00

Feb. 16 Clean up yard, trouble w/ toilet plugged AGAIN, clean up
woodpile, bringIn firewood 6 hrs

Feb. 21 Sea Breeze laundry $6.00

Feb. 22 Chop wood, holding tank on trailer – drain bleach $1.29 5 hrs

Feb. 24 Nanaimo Aquatic Center $4.00

Feb. 28 Alec called, there is a package dumped by the gate (by Fedex)

Mar. 02 Receipt for $325 rent for March rent.

Mar. 03 Saturday, 10 am. Alec is pounding on the door, no advance warning,
note or message – I was lying down. Wants me out to help with road
fill, right now. I told him I was sick, he didn’t care, stormed off. Got
dressed, shaved, onto road by 10:30, Alec was finished filing holes,
we cleaned up piles of old sawdust and sticks. Alec wanted me to use
a scoop shovel while he sat on tractor. Because of my sore arm and the
pain, I used a smaller shovel. Alec thought I should work faster. There
are lots of termite- black ants. Help move farming implements so Alec
can build a woodshed.
Went to Nanaimo Aquatic Center $4 for therapeutic soak in hot tub.

Mar 04 Magnet Therapy, $25, Sea-Breeze Laundry: $6

Mar 05 10 am Alec is digging at the back of the cabin with tractor and backhoe,
2 pm, I’m working at desk.2:00 pm- I’m feeling very tired, went and lay
down in bed but at 2:10 pm Alec is pounding at the door. I answer in my
night clothes, demands to know what I’m doing in bed when there is
work to be done.