So far, this disagreement with our landlord had used up 3 hours 5 minutes of hearing time at the LTB, in 2 hearings, one by telephone, one in person (counting the Case Management Hearing as a hearing). It has also resulted in one response by HPS to a complaint (by the tenants). I’ll keep a running tally.

Wednesday March 8, 2017 – After the mess trying to pay rent the previous day, my roomate asked me to handle it. So, I called Richard Pollington (AR 37). Richard claimed to be otherwise occupied for the day.

The story sounded a bit contrived, but what did I know? I guessed we wouldn’t be paying rent that day.

I was wrong. That afternoon, I noticed Richard’s vehicle in the driveway and went down to knock on his side door. He was home, and I (finally) paid the rent. I also let him know there’s be another letter delivered the next day.

Thursday March 9, 2017 – So, the next evening I called and asked if it was okay to drop off the letter. Richard was agreeable (AR 38). On the phone, Richard wasn’t very hostile, but in person he was.

When I dropped off the letter, Larry Norman was outside and saw me with the letter (Doc 086) in my hand. He told me to drop it in the trash can on the porch. That was a bit ironic, given the contents of the letter. I ignored him and knocked on the door. Richard signed the receipt and I asked him to contact me rather than Marie, going forward. Richard agreed. The letter reads:

Paul Bosch & Marie Ball

09 March 2017

Mr Cerino, yesterday we attempted for the third time to pay the rent for March. On our first attempt, Richard Pollington did not have receipts available, and on March 2, 2017 Richard called and asked Ms Ball about the rent. Ms Ball asked him if he had receipts, he said no. Ms Ball asked him to call back when he had receipts and we would pay the rent. After your attempt to raise the issue at the merits hearing, Ms Ball called Agostino on March 7, 2017. Ms Ball and Agostino made arrangements to pay the rent and it was paid on March 8, 2017.

As well, it has become apparent from your recent actions and words that you are involving Mr Pollington and your other caretaker Larry (last name unknown) in your verbal abuse of Ms Ball and harassment of us (specifically, the incidents on Feb 22, 2017 and the difficulties we have had in paying rent or delivering letters to Mr Pollington). Larry’s behavior is becoming part of the pattern of harassment (in particular, his comments to me to the effect that I am wasting my time, letters should be thrown away rather than delivered, and general hostility the last few weeks).

As we have had continued difficulty in trying to pay the rent and it appears you have continually overruled or given contradictory instructions to Richard Pollington, your agent, and Agostino (whatever his status in this matter) please contact Mr Bosch in writing to arrange a time and date to pick up your rent going forward, That meeting will be subject to three conditions:

1)      If you are more than 15 minutes late, the meeting will be cancelled.

2)      Please bring receipts for Marie Ball in the amount of $700 and Paul Bosch in the amount of $400. Please ensure both receipts conform to the appropriate regulations, and have them filled out in advance. If you fail to show the completed receipts (except for your signature) at the start of the meeting it will be cancelled.

3)      If you display any of the abusive or provocative behavior you have in the past, you will be asked to leave and a complaint to law enforcement made.

This has become necessary for the reasons given in my letter of February 27, 2017, and the concerns we have about Mr Polligton’s and Larry’s behavior.

As you are aware, there are a large number of other repairs required in the unit, including other bylaw shortfalls. A list will be compiled over the next few weeks and given to you for action.


Paul Bosch

{Note to readers: I never did get a complete list of the repairs to John. He did not complete the repairs on the first list as of the time we’d moved out on January 31, 2020}.

Saturday March 11, 2017 – The apartment was very cold. I called Richard and he promised to look into it (AR 39).

Fourteen minutes later, Richard called my roomate’s phone and left a message (AR 40).

I was a bit puzzled as to why Richard had left the message for me on Marie’s phone, but at least the building staff were responding to complaints. That was a refreshing change.

So I called Richard back (AR 41). He told me he’d checked the boiler, made adjustments, and that everything appeared to be working correctly.

Nothing much happened for the next few days.

Thursday March 16, 2017 – My roomate had some commitments in late March, so she called Agostino to find out if there would be any repair work done in the unit, besides the windows (AR 42). Agostino tells her that he’ll have to get back to her.

A few hours later, he called back (AR 43). Agostino asks her if there are any other repairs required besides the carpets. She asks about the kitchen floor, Agostino says he will ask John about it.

Sunday March 19, 2017 – (Sunday) The apartment was sweltering hot. The usual loud gathering was happening in Richard’s unit, and you can hear some of it in the background when I called him (AR 44). I asked him to turn down the heat, Richard replies that he has “a house full” but will turn it down.

Monday March 20, 2017 – I took Sean Henry’s suggestion and filed a T2 Application naming John and Agostino both as respondents (SOT-80393-17). John had insisted Agostino was a landlord, and Agostino had taken part in the CMH, as a landlord (Doc 087).

I also filed an amendment to our T6 Application, correcting a clerical error (Doc 088).

I served the amended application to Richard Pollington, who was in the front hallway of the building when I came in. I also reminded him that both Marie and myself wanted him to contact me with regard to any matter of our tenancy. Richard became abusive, saying “I don’t want to be involved in your shit” and “Fuck off, looser.” It seems to have escaped him that, as our landlord’s agent, it was his job to accept documents and written repair requests on behalf of John. I didn’t answer Richard’s comments; by this time I was becoming accustomed to his outbursts of profanity and hostility.

We also received the Hearing Notice for our T6 application, SOT-77620-16 (Doc 089) with the hearing scheduled for May 11, 2017 around this time (I didn’t record the date it arrived).

A few days later, I filed the Certificate of Service with the LTB (Doc 090) to prove I’d delivered the amendment to our landlord.

Doc 090 – 2017-03-21-cerificate-of-service-sot-77620-16.jpg

Saturday April 1, 2017 – Richard Pollington left a message on my roomate’s voicemail (AR 45). The message said that John would be by that afternoon, but that we were supposed to be paying him (Richard) the rent.

She didn’t answer because we’d asked our landlords (and Richard Pollington) several times at this point to contact me, not my roomate. Richard had been calling on one pretext or another. Once he wanted to “check the rads” so my roomate let him in. He made a beeline for her bedroom, checked the radiator there, then left.

So I called Richard back (AR 46). I asked him if he was aware that there was an LTB application naming him as a respondent, and questioned why he would be asking for the rent when we had made arrangements otherwise. I then told him not to contact Ms Ball, to communicate with me on any matter involving our tenancy. Richard hung up.

Not very productive. So I called John (AR 47).

Even less productive. John hadn’t told us a thing, despite what he said in the call.

So I called Agostino. At this point we were both sick and tired of the games being played by Pollington, Agostino and John (even though it was clear to us that John was behind it. He’d simply give contradictory instructions to Agostino and Richard, or renege on agreements made by Agostino. And, we wanted to know when/if John would be working on the windows (with an April 30 deadline). So, to keep it simple and free of the games, we wanted John to come and collect the rent from me, after making an appointment (at his convenience).

Richard Pollington had been referred to as a tenant, a caretaker and as the building superintendent at various times; Agostino had gone from co-landlord to business partner to agent to “just a nobody” (his words) in the same period. Neither of us (my roommate and I) had any idea who was who. We’d asked for clarification in writing (on January 31, 2017) and received no response.

So, I called Agostino (AR 48). I asked Agostino to send John over, because dealing with John’s agents had become impossible.

The confusion about who had what responsibilities in the building was deliberate. It’s part of John Cerino’s way of doing business. He creates as much confusion and uncertainty as possible (often using methods that appear irrational) and then exploits the confusion he created. His agents (Richard Pollington, his brother Agostino and later, the Stampers) are also quite skilled at this game, and they follow John’s lead. They all gaslight, all the time.

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