J.D.'s Legal Defence Fund

COURT DENIES IMPACT OF COVID-19 MEASURES: STAND FOR CHARTER RIGHTS AND FREEDOMS 

Dear fair-minded public,

I desperately need your help to raise $11,639.00 towards legal defence. I am being forced to pay my landlord, corporate developer NYX Tannery Ltd. (“NYX”), a costs award after I got bullied in my tenancy and in court, while trying to save my housing.

Your donations will go towards paying these and other related costs. I still have to survive. Whether it's $2, $5, $10, $25, $50, $100, no amount is too small if you are in a position to give. Here’s the story about what’s at stake:

The war on my freedom, finances, health and human rights continues for the crime of simply asking for basic housing rights. The history is at https://standup4justice.com/. I respectfully decline to bow to this oppression. I refuse to be shamed, bullied, coerced, slandered, misunderstood and lied about, or to cave in to the pressure to back down.

It is my express opinion that rules and decisions I have been subjected to should conform to Canada’s Constitution but do not seem to. I plan to continue standing with the goal of seeing Constitutional rights fulfilled. While I vow to continue my fight, I still have to honour this order and pay these court costs though I disagree vehemently with the decision and was not able to appeal it. My conscience does not condemn me. 

The government’s Covid-19 measures and lack of human rights enforcement in court have made my experiences far worse. Many thousands of people are being thrown out of their homes in an "eviction blitz" sanctioned by a provincial government that says they are prioritizing public health and safety. I am also suing provincial and municipal governments for harms inflicted.

Here’s a little back history. (The full history is at https://standup4justice.com/) In spring 2019, I spoke out against my landlord NYX, after they filed a development application with the City of Mississauga (“City”). In the application, NYX deliberately misled the City about how many residential units existed on a property where I rented housing. The City of Mississauga ignored various outstanding approvals, accepting NYX’s application as complete.

I believed the City issued NYX three demolition permits to allow NYX to start premature  eviction proceedings to silence me. This circumvented public participation and took away affordable housing replacement in the new development. I am advocating for freedom of expression as covered in the Charter of Rights and Freedoms.

I brought a legal challenge about the City’s decision-making in November 2019. I was forced to withdraw my court application due to NYX’s bully tactics and lack of Human Rights Code accommodations in court. The court’s processes stood to harm me and my health further if I continued at the pace the court expected.

My medical evidence and requests for accommodation were generally ignored or summarily dismissed by the court. I could not file what was needed in time. Long story short, NYX made use of a strict timeline to levy large cost sanctions they knew I could not pay, for the withdrawn application.

When Covid-19 lockdown started in March 2020 and later on in the year:

●  I lost the ability to earn income through part-time business
●  I lost the ability to pay rent and legal expenses
●  I scrambled to find solutions, forced to help my struggling family as a single parent,  schools were closed and my grandchild did not return for safety reasons
●  I had to take care of numerous unexpected pressures and recover from ill health  

On August 21, 2020, to avoid being bankrupted, I tried to tell the court about the impact of lockdown and circumstances preventing me from having a hearing to stop costs from going through. It made no difference. The court refused to acknowledge the negative impact of Covid-19 measures and other difficulties, requiring me to keep up with the court’s schedule as if nothing had happened.

I believed the judge had insufficient evidence that I was not able to file. $11,639.00 in costs were ordered on November 25, 2020.  Interestingly, NYX mentioned my website https://standup4justice.com/  as part of their materials filed in court for August 21, 2020. This seemed to have an influence on the outcome. NYX demanded payment of their costs by December 18, 2020.

The court’s order means NYX may to try to evict me without a proper hearing at the Landlord Tenant Board. The effect is that the court has essentially enabled a wealthy corporation to harass me and the City to avoid public accountability. I can’t accept that.

Threats of more costs have the same goal of silencing me for my commitment to expose truth. NYX wants an additional $45,000 for the costs of the abandoned application, in addition to the $11,639.00 just ordered. An order for $45,000 has not yet been made by the court.

The message I’ve received is Corporations and the City can do as they please at the expense of tenants. I will need to appeal the court’s decision in regard to the additional $45,000 asked for by NYX. This case has great importance for tenants in the province due to the attack on rental housing and small businesses in 2020.

Please help me raise money to pay what I feel are grossly unfair court costs and to continue this cause. I am standing for Charter rights and freedoms that affects everyone. Share this information on social media. I am so grateful for your help with the hope of change for everyone. 

Best wishes,

JD

Copies of excerpts of a few official court transcripts from hearings are below: 

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Donations

  • Anonymous 
    • $1,000 
    • 1 mo
  • Edward Martens 
    • $50 
    • 1 mo
  • Anonymous 
    • $5 
    • 1 mo
  • Elaine Medeiros  
    • $50 
    • 1 mo

Organizer

J.D. Standup4justice 
Organizer
Mississauga, ON
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