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Standup4justice Legal Defence Fund

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

Dear fair-minded public,

Help is needed to raise money towards a legal defence fund. Landlord and corporate developer NYX Tannery Ltd. (“NYX”), obtained  various costs awards after a tenant got bullied in her tenancy and in court in 2020/2021, while trying to save housing, but still hopes to appeal. 

Your donations will go towards paying these and other related costs. 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 this tenant's freedom, finances, health and human rights continues for the crime of simply asking for basic housing rights. The history is at https://standup4justice.com/. The tenant respectfully declined to bow to this oppression, or be shamed, bullied, coerced, slandered, misunderstood and lied about, or to cave in to the pressure to back down.

Various rules and decisions the Tenant has been subjected to should conform to Canada’s Constitution but do not seem to. She plans to continue standing with the goal of seeing Constitutional rights fulfilled. 

The government’s Covid-19 measures and lack of human rights enforcement in court(s) made these experiences far worse. The tenant is also suing provincial and municipal governments for various cumulative harms.

Here’s a little back history. (The full history is at https://standup4justice.com/) In spring 2019, L.S. (name changed to protect privacy) spoke out against her 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.

L.S. believed the City issued NYX three demolition permits to allow NYX to start premature  eviction proceedings to silence her. This circumvented public participation and took away affordable housing replacement in the new development. 

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

Long story short, NYX made use of a strict timeline to initially levy large cost sanctions they knew L.S. could not pay, for the withdrawn application.

When Covid-19 lockdown started in March 2020 and continued into 2021 it caused losses such as:

●  ability to earn income through part-time business
●  ability to pay rent and legal expenses
●  compromised ability to take care of numerous unexpected pressures and recover from ill health 

On August 21, 2020, to avoid being bankrupted, L.S. tried to tell the court about the impact of lockdown and circumstances to stop costs from going through and asked for more time to prepare. It made no difference. The court refused to acknowledge the negative impact of Covid-19 measures and other difficulties, requiring L.S. to keep up with the court’s schedule as if nothing had happened.

The judge had insufficient evidence L.S. I was not able to file. Costs were ordered on November 25, 2020.  Interestingly, NYX mentioned 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, but has since not enforced any costs awards as of Nov. 2021. A related Human Rights Application for damages  was filed and began moving forward in September 2021. 

The effects of all this are that the court has essentially enabled a wealthy corporation to harass L.S. and the City to avoid public accountability. L.S. can’t accept that. Threats of costs had the same goal of silencing L.S. for her commitment to expose the truth. 

The message L.S. received is Corporations and the City can do as they please at the expense of tenants. The case(s) has great importance not only for tenants in Ontario due to the attack on rental housing during the pandemic, but also on small businesses in 2020/2021.

Please help L.S. raise money to keep going. She is standing for Charter rights and freedoms that affect everyone,  with the hope of change. L.S. is so grateful for your help.

Best wishes

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

Organizer

J.D. Standup4justice
Organizer
Mississauga, ON

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