December 21, 2010 Reaction by Dr. Magda Havas to EMF trial Oshawa The Member who presided over the EMF trial has yet to render a written decision; one that is anxiously awaited by experts in the field as well those who are electrically sensitive.
Provident Management v Veronica Ciandre is another EMF case I have that has already drawn some media attention. It is well documented on Dr. Magda Havas' web page. The Vice-Chair of the Landlord and Tenant Board has issued an Interim Order to determine disclosure issues as well as whether Bell Mobility should be added as a Party to the Application for an Abatement of Rent. This will likely be heard in January 2011.
This will be another precedent setting case.
Regarding the EMF case under consideration in Oshawa, I wrote to Dr. Magda Havas PhD to tell her that the evidence she presented at trial was truly convincing, very professional, and the use of the Power Point presentation was excellent.
She wrote back to me with the following:
Thanks Ronn.
It went a lot better than I anticipated and let's cross our fingers that Mr. Taylor does the right thing. The fact that he suggested a field trip and the results we presented were identical to what he saw in Unit 409 should help.
It was a pleasure working with you. You played it well asking me questions during my presentation to elaborate. It all felt organic and not contrived. You handled the other lawyer well and his witnesses: Made your points well without being overbearing. The fact that they never measured anything in Unit 409, and then told us what the source was when we were in the apartment was very telling. Why didn't they say that before?
It would be a miracle if this was precedent setting but we can dream...as it would open up new building safety codes...and as you say...the first in Canada!
Let me know when Veronica's case is going to be held. It will be totally different with very agressive lawyers representing Bell Mobility, who should NOT be party to this case.
-magda
December 6, 2010 EMF on Trial- Landlord Tenant Board PRECEDENT This will be a precedent setting case regarding the effects on Tenants from EMF and living in a unit that has direct current running through the floors.
I represented the Tenants in a day long Trial before the Landlord and Tenant Board (Ontario) . Gateway Homes v. Loader and Melnitzky on November 29, 2010 in a case where the primary issue was exposure to EMF (electromagnetic Field radiation). The Trial was in Whitby, ON.
The Tenants were asking for an Abatement of Rent, Costs and that the rental unit be repaired
The evidence showed that the Tenants were living in an aprtment that had extraordinary high levels of EMF radiation over a period of 6 years. They suffered from serious health problems that were consistent with exposure to long exposure to EMF.
Dr. Magna Havas was the expert witmess. She gave compelling testimony by way of a Power Point Presentation, showing the effects of exposure to EMF and the effects of being exposed to 'direct currrent'.
The floor of the Tennts' apartment was electrified and had been for 6 years. It was only after searching on the Internet for years that the tenants made the connection to their deteriorating health and the invisable EMF they were surrounded by. They were referred to me to represent them by Dr. Havas.
An unusual feature of the trial was that the Member decided to do a 'field trip' to the rental unit itself and check the EMF Meter Readings personally.
The Landlord's lawyer dismissed EMF as a "1970's rumour"and the landlordmade no serious effort to investigate and repair the unit. In fact, the Landlord sent a letter to the Tenants in August 2009 stating that any EMF was do to background radiation and their computers and appliances. This was disproved by the first hand observations of the Member of the Landlord and Tenant Board during his 'feild trip' to the rental unit.
After all the evidence was in, the Member reserved his Decision.
I will report when it is available.
April 19, 2010 New Information about "ellectrical sensitivity"
I have seen a Safety Training Presentation that teaches the Installers not to walk in front of the Cell Towers they put on buildings. It is complete with illustrations and Warnings.
It has other photos and Illustrations. I will try to post those. I am sure Installers from Bell and other Cell Providers are aware of safety precautions.
You would think that this would be Public knowledge.
April 18, 2010 Wi-Fi Cell Towers on Residential Buildings It is an ongoing Issue with Tenants and Landlords. Trials have been scheduled both in and outside Toronto.
Find out if you are liable or protected.
April 7, 2010 Wi-Fi and Cell-Phone exporsure to low level radiat As I bring myself up to speed with experts in the field of the short and long term effects of exposure to even nominal amounts of microwave, radio-wave and other sources of radiation, it becomes evident that there is 'big money' and 'big corporations' that have a huge finacial stake in maintaining the staus-quo. This means that the installation of powerful Cell Towers on top of people's residences (high-rise rental accomadation and Condos) has become accepted....mostly by people who do not live with these transmitters a few feet above their head or are not informed of potential hazards.
I haven't seen any front page headlines debating this issue. There should be.
Hopefully, some cases before the Landlord and Tenant Board (in Ontario) will start some constructive discussion and decisions by Boards and the Courts. I understand that some Tenants who have become sick are withholding rent and paying it into the Board. Others are making their own Applications for an abatement of rent (reduction). As I have noted, I have some cases coming up in May, 2010.
April 4, 2010 Dangers of Wi Fi, Cell Towers & Electrical Sensiti I will be posting a writing more about this important topic over the next few months. We already have one case going before the the Landlord and Tenant Board in Toronto....where a Landlord rented the roof to two very large Corporations for the sole purpose of erecting Cell towers. The tenants have noticed severe sensitivity to all manner of WiFi, Cell microwaves etc. and decribe themselves as having "Electrical Sensitivity".
One tenant has had to vacate her apartment do to severe illness that I believe can be related to these Cell towers.
The issue is whether there is a remedy under the Residential Tenancies Act, Ont. I believe there is! One of the court dates is in May, 2010.
I will disuss more and post research data as I have it submitted.
March 30, 2010 Condominium: Tenants and Pets If you plan to move into a Condominium and own a pet OR If you are renting a Condominium, whatever Lease you sign is most likely governed by restrictive provisions in the Condominium Act, Ont.
It is best to contact a lawyer before you rent.
December 13, 2009 Highway Traffic Act Offences, License Suspensions If you receieved a HTA ticket for a violation of the Highway Traffic Act, it will probalby affect your Insurance for years to come, if you plead guilty or lose at trial; Careless Driving, Impaired or Care and Conrol. Stunt Driving, no Insurance etc........
My experience as a former Prosecutor is an asset you can access. How important is it to you?
June 6, 2011 Condominium Questions?
Any condominium, condo questions regarding cats, dogs, pets, noise, Boards of Directors? In Toronto, give me a call at 416.732.7541 or write to ronn@ronnjefferies.com.
I can address criminal charges, residential tenancies, administrative law, Highway Traffic, real estate and all issues regarding pets....be them cats, dogs etc.
December 12, 2009 Condo isssues-pats, parking, condo fees etc. The bulk of searches that end up on my website relate to 'condos'....whether the question is about pets, parking, Boards of Directors.
Give me a call or email me.
March 30, 2009 NEWEST ISSUES Upon reviewing the seacrch criteria that bring visitors to my web site lately, the number one question has to do with questions regarding tenants' rights in condominiums, along with their concern about pets.
Some of these questions are easily delt with, others not. Feel free to send me an e-mail if ou think I can help. at ronn@ronnjefferies.com.
Nov 24 2008 ABATEMENT OF RENT If you are tenant, I can tell you if you deserve one. I get often obtain very good results. Give me a call and we can discuss it.
November 14, 2008 Affidavits, Notary...drop by 47A Claxton Blvd.
See note above as well. Lawyers are necessary for very mundane, yet necessary, instances such as Commisssioning an Affiidavit or Notorizing a Documnent. I would like my neighbourhood to know that I am available at all resaonable hours to help them out.
August 20, 2008 Manitoba to allow Tenants to have Pets
Geoff Kirbyson of the Winnipeg Free Press reports
"The Doer government plans to introduce legislation, possibly before the end of the year, to encourage landlords to let tenants bring pets into their apartments."
"Ron Jefferies, the Toronto-based lawyer that successfully took on the Ontario government nearly two decades ago over pets in apartments, a case that resulted in the passing of the so-called Fluffy Law, said he was stunned to hear Manitoba had not followed suit after so many years.
"It caused a huge media sensation in Ontario and it snowballed. Tenants were being thrown out (of their apartments) left and right because they had pets. My client had a 19-year-old blind cat," he said."
The Fluffy Law, named after that cat, was spearheaded by a group of concerned pet lovers that convinced an Ontario court it was discriminatory for landlords to advertise "no pets allowed."
[Clarification: Actually it was the Failure of the Courts to act that forced the government to change. In any event the result is the same]
August 13, 2008 Time for Change in Manitoba-pets for Tenants
I read recently in the Winnipeg Free Press that tenant groups are looking for lawyers to take up their casue to allow tenats to have pets in their aparments. This change in the law is long overdue.
I represented Fluffy 20 years ago and have been reprsenting tenants and associating myself with pet issues ever since. A young lawyer needs to find the right test case and be prepared to lose at trial and on Appeal. Then the lobbying begins with the Provincial Government. We did it in Ontario with committed members of the press (Toronto Star and Jeffrey Freedman), humane society (Liz White), the tenant groups and legal clinics (Flemingdon and many more...)
September 9, 2007 Complaints about Government
I articled at the Ombudsman's Office and worked as a lawyer for the Attorney General for 12 years. If you have a complaint about the Ontario or Toronto government, I may be able to help.
For clients who are not satisfied with action taken by a level of government, there are times when I may advise private prosecutions. If an offence has been committed, with the proper investigation and legal advice, it is possible to retain counsel and prosecute an alleged offence yourself. The government is not always happy about these prosecutions as unwanted precedents can be set or the result may receive unwanted media coverage. In the end, a government prosecutor could intervene and the process may be costly; but it is option that can be considered. I know that I did not prosecute every single offence when I was the lead prosecutor at Municipal Affairs and Housing. Many of those were not investigated or missed because of limited government resources; not because a conviction was unlikely or not in the pubic interest.
August 27, 2007 Pets in Condos : Privacy for Tenants
Condominium Rules re: Pets: How much does that poodle weigh??
I've had a number of new cases regarding the right of Condo owners to have certain types of pets. This often involves interpreting the Corporation By-laws if some pets are allowed and others are not
Strangely, the complaints from other owners don't always deal with the breed of the pet; but instead its WEIGHT. Some by-laws allow pets only up to a certain weight, say 20 lbs. The legal issue is not the weight of the pet, per se, but the "legislative intent" in setting a number. Often you can make reference to minutes of certain meetings of the Board of Directors to help determine the reason for the restriction.
Unfortunately, the intent is not always carefully considered when it comes time for the Corporation to ask a pet to be removed. Most Corporations will restrict a dog weight with the intent of banning certain breeds. A Rottweiler will never be under 20 lbs, fully grown so that breed is, by its nature, not a good fit in the regulated Condo environment.
But what happens when your Chippewa goes on a binge eating run and pork's out to 21 pounds? Is he a danger to anyone else? Is he the type of dog that was meant to be 'banned'? He IS over 20 pounds!!!!
As always there is the letter of the law and the intent. They sometimes collide and cause unnecessary litigation.
Tenants' Privacy: Landlord Entering Premises
I have a difficult case coming before the Board in which a male superintendent allegedly entered the shower of a female tenant under the pretense of replacing an air conditioning filter some 30 feet away. Needless to say, she was traumatised by the event. We will be asking for a number of remedies including a substantial abatement of rent as well as as Administrative Fine. Both are for specific and general deterrence. Hopefully the Board will give guidance in its Reasons to all other Landlords regarding the care they must take in entering the homes of their Tenants.
August 23, 2007 A Personal Update
I’ve recently become reacquainted with some old high school friends. It started with e-mail from Colleen Gray (who now teaches at Queen’s University in Kingston), which led me to Bill Moss. I was impressed, but not surprised that Bill is the Chief Archaeologist for the Quebec City. We got together with Dan Jalowica, another high school friend. Dan is a well-published, well-known respected Canadian poet who is living in Southern Ontario now working on a new book. His most recent collection of poems, Newer Lies, has received notable critical acclaim, worldwide. I recommend it highly.
Our high school 'group'was almost complete when I contacted Jacquie Bynon (TV producer in Toronto) who recieved the 2007 Trillium Award presented by the Ontario PC Party. Not bad.
I also got hold of Greg Fleming, my old friend, who is busy flying helicopters and raising a family in London, Ontario.
Jacquie wrote me, so I guess she is alive, around and doing well. I wrote back with an invitation to reply, but I guess she is too busy. I tried to retrospectively kick her out of the Group but realise that's not fair. She was a group member and, unlike receipients of the Order of Canada, we do not strip former members of their rights. She may just not want to talk! That's OK.
Now, the so-called Group would only be finished off with Greg Fleming, right?
Jaquie, Dan, Colleen, Bill. Where is Greg Fleming... helicopter pilot... man of many children (I hear)... living in Sudbury, Ontario? He is the Key!
Does anyone know Greg Fleming? He may still be flying fixed wing or helicopters in Sudbury. I think he has 2-3 children about 14 or so.
I forgot about Doug Smith...Hamilton born, son of an Accountant. Just how many Doug Smith's are out there?
Ronn
July 2007 Legislation Updates I have to update my site to reflect that the Tenant Protection Act has been replaced by the Residential Tenancies Act, 20006. The Landlord and Tenant Board has replaced the Ontario Rental Housing Tribunal.
... helicopter pilot... man of many children (I hear)... living in Sudbury, Ontario? He is the Key!
