The Spirit Catcher (shown at left) at Lakeshores and Bayfield Street by the Government Dock in downtown Barrie,Ontario,Canada
This interesting Medical Marihuana post to watch concerns a MMAR licensed tenant, his RIGHTS and his landlords Ralph Dykstra, Don Dykstra and William (Bill) Dykstra, the owners of Dykstra Bros Electric of Barrie,Ontario. The Dykstra brothers own numerous residential and commercial property in the downtown area of Barrie,Ontario and the tenant in question rented 40 Ellen Street, Barrie.The Dykstra brothers were found guilty MAY 7th 2013 in LTB Tribunal court of discussing private and confidential information with to another tenant.
This Tenant of over 4 years with Dykstra Bros Electric had a legal Medical Marihuana possession and production licence which was accepted and acknowledged by Ralph Dykstra, Don Dykstra & Bill Dykstra all signing a letter which was not needed for the MMAR program being the rented unit was the primary residence of the person licensed.
The ordeal started when the Dykstra"s were caught discussing private information with Nancy Groves, their very long time family friend and neighbor to the licensed MMAR participant.This neighbor is not only the Dykstra brothers long time family friend but an ex-girlfriend of the person that filed the complaint.It gets even better…she has been under the care of a doctor at RVH for years and not on good terms with the next door neighbor filing the complaints.Groves had been a tenant at the Dykstra"s residential property they owned for 8 years or so, moved out and back in again to the Ellen Street apartment last year when the problems started. Complaints to the landlords about Nancy Groves actions had led up to them revealing private health & legal information which she was not authorized to have. Barrie police left this to Land Tenant Board.freedom of information requests for the incident reports have been received.
This caused a few complaints to be lodged against the Dykstra brothers.
- Barrie Police complaint
- Landlord &Tenant Board complaint
Privacy Commissioner of Canada complaint
Involved neighbor in the Dykstra LTB privacy/harassment complaint Involved neighbor in the Dykstra LTB privacy/harassment complaint.
Groves admitted in LTB Tribunal to being an illegal pot smoker and had no permission, authority or reason to receive the private and confidential information from Ralph Dykstra"s,Bill Dykstra or Don Dykstra .Many conversations with the Barrie Drug Enforcement,Sgt Pat Brouliard brought up many details and concerns of Groves illegal drug activities as well as investigations into details of known associates.
Nancy Groves friend yelling obscenities at neighbor
Barrie police called to harassment complaint.
The Landlord and Tenant Board heard the complaint May 7th, 2013 in Barrie, Ontario and found Ralph Dykstra, Don Dykstra and Bill Dykstra guilty under the Residential Tenancies Act,2006 of discussing private information with Nancy Groves.
It was heard by Landlord & Tenant Board member Sean Henry.The final ruling of the complaint against the Dykstra brothers from Sean Henry is shown below:
So what was to be gained from this LTB complaint ?
Only a finding of guilty of discussing PRIVATE and legal information with another tenant without permission and a police investigation into further details brought up from the complaints.
Most landlords in Ontario have NO idea that PIPEDA laws exist nor do the Ontario courts try to get the landlords educated with the current PIPEDA laws.
Landlords are suppose to be REQUIRED to have PRIVACY POLICIES in place to protect TENANT RIGHTS.
Think about the information a landlord can obtain about you.
- your full name
- spouses name
- kids names
- your address
- past addresses
- your SIN number for some
- bank info if direct withdrawal
- job information
- reference names you give
- reference phone numbers
- addresses of references
- criminal record information
Wikipedia, the free encyclopedia defines Landlord Harassment as :
"Landlord harassment is the willing creation, by a landlord or his agents, of conditions that are uncomfortable for one or more tenants in order to induce willing abandonment of a rental contract. Such a strategy is often sought because it avoids costly legal expenses and potential problems with eviction. This kind of activity is common in regions where rent control laws exist, but which do not allow the direct extension of rent-controlled prices from one tenancy to the subsequent tenancy, thus allowing landlords to set higher prices. Landlord harassment carries specific legal penalties in some jurisdictions, but enforcement can be very difficult or even impossible in many circumstances. However, when a crime is committed in the process and motives similar to those described above are subsequently proven in court, then those motives may be considered an aggravating factor in many jurisdictions, thus subjecting the offender(s) to a stiffer sentence." ~ Wikipedia
Somebody needs to get around to pushing for the enforcing of the PIPEDA laws and further educating the Ontario Landlords to have Privacy Policies in place to protect the tenant rights. If it is a law, how is it not promoted, enforced and educated through the courts in Ontario ?
We will follow up on the Privacy Commissioner of Canada complaints when they are received back.
Read the posts on " A first Landlord and Tenant Board experience " in front of LTB member Sean Henry.