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 ...