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Customer: JA: I'm so happy you had a good experience with Debra! Do you have any follow-up questions or would you like a second opinion? It's included!
Customer: Debra is great. I would recommend your service to friends and family. I would like to ask Debra about a different question please.
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Customer: I would like to talk about the topic: Retaliation as a human rights violation.
Answered by Debra in 5 mins 6 months ago
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Debra
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Debra
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
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Debra, Expert


I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.


That is such a sweet comment!

What would you like for me to help you with now please?

Customer
Jihad Faris is the Property Manager from Wynford.Steve Trifonas is the Council President of my strata VR437Both of them have a vendetta against me.Jihad, because when I was sitting on council a few years back, I was open that I was looking into how his company could be fired and replaced with a competitor that would follow the rules better. Also because I was the ONLY council member out of the 5 councils - that make up the Woodcroft Estates Association - who openly opposed the 23+ million dollar Special Levy that Jihad was championing. His company is a direct financial beneficiary of the special levy projects. So you see, I represent(ed) a threat to his company's employment for their largest contract. And also a threat to the amount of earnings his company will make on the special levy.Steve, because he is strongly aligned with Jihad. And because the youtube video I posted embarrasses him. It embarrassed him because it shows that he allowed Jihad to dominate my council hearing. This is procedurally unfair as it effectively converted a Council hearing to a PM debate. Steve was also a champion for the Special Levy so does not appreciate my resistance. At this point, he hates me for posting the yourube video. The evidence I was trying to discuss in my council hearing was blocked by Jihad. The rest of the council said not a word as they let Jihad control the meeting. Steve is embarrassed by the video. After I posted I received calls from council and council family telling me that Steve would considering suing me for it if I dont remove it.
Customer
Let me know when I can past the other half of the presentation about vendetta
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Debra, Expert

Are you asking about whether you should put more on YouTube?

Customer
no, im just presenting you the vendetta presentation please read it and let me know when I can paste the other half of this presentation
Customer
I have some questions after you read please
Customer
Im just breaking it down so I dont post a giant speech that you wont read at all :)
Customer
The vendetta has been expressed in the following ways:Abuse of fining authority. So far I have been fined $1800. This is going up $200 per week. And citing a section of the ACT that does not have jurisdiction. Also they started with $200. They are suppose start smaller than that and work upThreats of being sued for things that are not illegal. (Voting NO for special levy, being openly NO for special levy at a Town Hall before our strata voted) And now for the you tube video.Blocking access to basic information that all other owners have. Charging me overtime wages for Jihad to work after hours to research and answer a question relating to who pays for plumbing repair on the central heating outside and inside the walls of my unit.Blocking discussion at second hearing. Sending me a lawyers letter saying that because the remedy lies in the CRT the Council will have no discussion of the topic. The catch 22 is that when I go to the CRT they will not accept my application untill I first discuss the matter and try to resolve it at the Council hearing level.Delayed emergency response time to my lot. The lot owner below me called strata security to report water dripping from his ceiling. Even though security attended and reported to Jihad. Jihad and council waited TWO WEEKS before sending a plumber to stop the leak. They blamed the leak on me. Both strata and owner downs stairs hold me liable for all damages including any water damages that occurred during the two week delayed emergence response.Disparaging my council. When I was only one of two sitting council members. Jihad wrote to one of the owners and cc other people that "hopefully we have a better council next year"Jihad attempts to exclude me from hearing by not following scheduling and confirmation rules. When I requested a hearing to discuss my reasons for disputing the you tube fines. Jihad played a trick to exclude me from the hearing. He emailed a hearing date withe only 2 clear days. Did not wait for my confirmation and proceeded the hearing without me producing an decision to fine me $200 per week. I was able to prove this was procedural unfair as the act states that both parties must agree and confirm in a reasonable time frame. 2 clear days is not reasonable.Lies about it: One of the council members sent Jihad a letter exasperated at how he could have called all the council to a meeting that I did not confirm, especially on such short notice. The council reformed the hearing notification system YET to this day Jihad and Council say that I DID give them confirmation. The second hearing is full of them saying that they do not need to attend because I forfeited my right to the hearing by doing a no-show. The lawyer letter the day before my hearing (mentioned above) also lied about this.I could go on, but I hope this is enough to establish my claim that there is a vendetta against me.
Customer
Let me know when you read all this so I can ask a few questions and close out this question rate, comment etc.
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Debra, Expert

Please go ahead with your first question.

Customer
Thank you :)
Customer
Q: Under these circumstances would this qualify for a Retaliation claim in the CRT human rights department? (The statistical success rate of owners using the CRT against Wynford and my Association is very discouraging. Especially if you study the CRT hearing the reversed our elections and ordered the most expensive option with no explanation and allowed a glaring conflict of interest to exist between the applicant and defendant. And many more problems. The sense that many owners have is that the CRT is not reliable, that bends to far in favor of property management and strata against owners. I feel the human rights CRT would be more reliable.
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Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.


Retaliation as it relates to the human rights code is when someone retaliates against you when you file a complaint of discrimination with the human rights Tribunal. So that doesn't seem to apply in your case. This person is vicious and he's retaliating against you but has nothing out to do with discrimination or the human rights code so it's not about human rights.

Do you see what I mean?

Customer
thank you. I was reading the Act and I saw several mentions along the lines of "the court may refer the mater to arbitration..." Q: Are you 100% sure that the ONLY option open to me is the CRT?
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Debra, Expert

As far as I understand it if it's a condo issue/strata issue you must go to the CRT.

Customer
Do you mind if i do a couple more questions now, close it out rate, comment. Then tomorrow I request you again on the topic of "jurisdiction" (will explain tomorrow)?
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Debra, Expert

Of course!

Customer
The strata may not fine me until first they receive a complaint. The purpose of this is so a council member can not walk around LOOKING for trouble. Looking for excuses to issue fines.
This raised an interesting question. Who complained about the youtube video? Can the council be the ones complaining then using their own complaint to justify fining? That would seem to subvert the reason why complaints are required in the first place. A check and balance on the fining powers of the council.
Their created solution will probably be to find an owner who is not sitting on council to say he complained about the youtube video. But would that owner have standing to complain?
And finally what exactly IS the complaint? The only two people who appeared in the Video were the Two people that have the vendetta against me. The other three council members did not show their faces and only spoke at the end for the first time when Victoria demanded to know who is present on the zoom meeting.
Could a third party owner who was not part of the hearing complain to council on the grounds that he we disturbed and annoyed by witnessing an unedited, zero commentary, raw council hearing? How is he injured? Especially since the council is involking the Use Of Property section of the act. How would my yourube video effect the complainant in relationship of the use of my property.
So what do you think of this reasoning? Is it a good argument that the fines should not have been issued on the grounds that they did not receive a legitimate complaint first?
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Debra, Expert

Yes. I do think that is a strong argument. They are abusing their authority.

Customer
The ones abusing their authority are spending my own money (my share of the owners fund plus the other owners) to hire lawyers against me. For example the attached letter that is not in good faith and/or logically sound on two points. 1- It is claiming that the matter has been attended to and is closed BUT they are refering to the the youtube hearing that you can see Jihad stopped me from reading my evidence and from having a discussion with my COUNCIL. After that hearing they issued fines for the video. I requested this hearing for two reasonons. 1 to have a proper council hearing without Jihad running it and shutting me down. (he ran the second one after the president put his mic to his speaker creating a feedback and used the sound as excuse to "hand the meeting over to Jihad".) And 2 to dispute the youtube fines. I can not talk about disputing the youtube fines without talking a about the youtube video. And you can not talk about the video without talking about the content of the vide. YET, this letter is saying that the council will not talk about these topics at my hearing. This is all irregualr at best. Seems to be a misuse of our owners funds. They also used our owners funds to bring lawyers to all 4 of our AGM votes to convince us to vote the way they they wanted. In contrast when, they played the trick on the CRT to flip our elections that was the one time they did NOT hire a laywer. (because council was pretending to be defending the NO vote in CRT, even they were open advocates of a YES vote. They threw the case. Even the CRT member saying that both parties are agreeing with each other. The entire case was a total discrase and sham. There were effectively applicants and no defendant. It was a council vice president suing a council president to do exactly what both of them WANTED to do but were unable to get their way with our elections.
Customer
If they can use owners funds to hire lawyers to bend or break the rules, write usless letters like this, pressure us how to vote in the voting room just before the vote (wait are you allowed to advocate for a vote result inside the voting room? Especially if you are lying saying the city on the edge of shutting us down if we vote the wrong way? If they can spend owner money on lawyers, is there a way I can acess owners money do defend myself against this abuse?
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Debra, Expert

Well if you win in court the strata would have to pay a part of your legal fees.

Customer
What percentage?
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Debra, Expert

1/3 most likely.

Customer
BTW this is their official basis for fining me. Your official legal opinion of them using this part of the act to fine me for uploading the YouTube video is: ?
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Debra, Expert

I don't think they have a right to find you for this.

Customer
this is Wynford stating a blatant and provable lie in their official documentation. See blue underline.
Customer
what is your opinion of the best approach now that you have seen the bigger picture.. What do you think of going for a restraining order against the president and Jihad? That could be an effective and satisfying approach. A restraining order for them to stop discriminating against me, special treatment when asking plumbing questions, lying about my hearing attendance, abusing fining authority, etc etc. Is a restraining order a good approach?
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Debra, Expert

No that really won't work.

What you need is a local lawyer to send them a letter demanding they cease and desist from harassing you and the letter should threaten a lawsuit. If they are defaming you then you can sue them for damage to your reputation and you can sue them personally so that may be a good angle to consider.

Customer
Ok thank you, ***** ***** of the day. Is there anything other than defamation that I could sue them for that, if successful, I have the possibility of being awarded financial compensation? This ordeal truly has cost me countless hours dealing with them. Hours that could have been making money for my business. I am being victimized by them, is there no way I can seek compensation from their abuse?
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Debra, Expert

You can sue for harassment.

Customer
Ok i have a dozen questions but I have to stop myself. OMG, like: Sue for harassment through the CRT? Can I sue outside the CRT? Is this a good harrasment case to sue over? What are the chances that I would get compensation from strata or PM company? They have Error's and omission insurance, could I sue that insurance policy? Is suing for harassment that same as suing for abuse of fining authority. It is the same a suing for special bad treatment charging me for asking plumbing questions. etc etc etc. OK close this out ill rate and request you again.
Customer
If you have a final comment from my last post please leave it, otherwise go ahead and close this out. And I will request you tomorrow. Thank you very much you have been the best!
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Debra, Expert

If you are suing them personally it would be in Superior Court and not at the CRT. This CRT is about the strata but you were talking about suing them individually.

Customer
Ok thank you. Please close it out. Ill rate now. Thank you :)
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Debra, Expert

You are very welcome.

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra


Customer
Im not seeing where to rate and comment...
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Debra, Expert

Oops.

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