UPDATES FEBRUARY 2025

BUILDING-WIDE ANTI-HARASSMENT ORDER

All prospective tenants and their support workers are cautioned that this care home is the subject of a Landlord and Tenant Board building-wide anti-harassment order protecting all tenants. This order is the first-ever building-wide anti-harassment order issued in the history of the Board on a care home, as defined under the Residential Tenancies Act, 2006, S.O. 2006, c. 17, such is the severity of the acts of harassment and interference engaged in by the landlord that have occurred at this care home. This order is currently under a stay as part of a related appeal, with a motion to remove the stay pending at the Board. The order was issued by then Vice-Chair Kevin Lundy of the Board and reads as follows:

"The landlord must refrain from harassing any tenant in the residential complex."

The relevant sections of the Residential Tenancies Act are:

Landlord’s responsibility re services - ss. 21 (1) - A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed, withhold the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food. 2006, c. 17, s. 21 (1).

Landlord not to harass, etc. - s. 23 - A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant. 2006, c. 17, s. 23.

Prospective tenants and their support persons are cautioned that at least one employee - the supervising employee Ahnalyn Antigo whose actions in part gave cause for the Board to issue the anti-harassment order - is still employed at the care home.

HISTORY OF ABUSE BY DENYING AND THREATENING TO DENY FOOD TO TENANTS

The landlord and its employee Ahnalyn Antigo have a long history of maliciously denying and threatening to deny food to medically disabled tenants at the care home.

Once a tenant is served any meal, the meal immediately becomes the private personal property of the tenant. What any tenant does or does not do with their meals is none of the legal business of the landlord and its staff. The landlord cannot interfere in any way with the delivery of meals, nor provide any harassing comments or similar as to what a tenant does or does not do with their meals.

No meals - nor care services - can be denied to any tenant under any circumstances and as much must be delivered in a completely polite and friendly manner by all staff under all circumstances.

HISTORY OF ABUSE BY DENYING MEDICATION

The landlord has a history of interfering with the delivery of tenants’ medication for tenants who choose to have the landlord safeguard their medication in a central location. This has, on at least one occasion, even occurred when a family member of a medically disabled tenant was present at the time of the abuse, with the family member appropriately advocating for the tenant’s legal rights. It is highly recommended that tenants who can self-manage not give their medication to the landlord for supposed safe keeping. The landlord nor any of its staff are known to be licensed under the Pharmacy Act, 1991, S.O. 1991, c. 36, nor the Nursing Act, 1991, S.O. 1991, c. 32, or similar.

SECURITY CAMERAS WITH MICROPHONES AND AUDIO RECORDING

Multiple security cameras in common use areas of the care home have microphones, with the landlord inadvertently providing proof that audio has been recorded by at least one camera via evidence disclosure at the Landlord and Tenant Board. Legal action regarding as much is outstanding at the Board which in part includes a request for an order for all cameras with microphones to be removed. The landlord and its employee Ahnalyn Antigo have been entirely unresponsive to written requests regarding the cameras with microphones, so all tenants and support personnel such as social workers should exercise appropriate due diligence in conversing in common use areas.

The use of microphones in security cameras to listen in on or record private conversations is illegal, including being a breach of ss. 184(1) of the  Criminal Code (R.S.C., 1985, c. C-46), which in part reads as:

Interception - ss. 184(1) - Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication is guilty of: (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction.

Additionally, the tort of intrusion upon seclusion also applies as provided by the Ontario Court of Appeal's ruling in Jones v. Tsige, 2012 ONCA 32 (CanLII).

That the use of microphones in security cameras to listen to and/or record tenant conversations is illegal is also bolstered by former Landlord and Tenant Board Chair Harry Fine's comments in the Toronto Star article of When it comes to surveillance cameras, what rights do tenants have? (Toronto Star,  Nov. 22, 2019). Notable quotes from the article are as follows:

Landlords “can have video surveillance in common areas but there has to be a sign letting people know that they’re being monitored and there can be no audio surveillance,” Fine said. Fine says even if a lease contains a video surveillance clause, it cannot be enforced if it is against the law. “Putting that in the lease doesn’t give [the landlord] permission. The law says you can’t do it. You can’t add things in the lease that are illegal, and you can’t agree to something in the lease that’s against the law,” Fine said.

That last sentence is relevant to the section immediately below regarding alleged invalid care home rules.

INVALID CARE HOME RULES

Care home rules recently provided to the Edgewood Tenants’ Association by the landlord are allegedly illegal and unenforceable under s. 37 of the Residential Tenancies Act as they demand that a tenant must move out if they break or even ignore any of the rules. Side agreements to end tenancies, when entering into a lease or as a condition of entering into a lease, are illegal under s. 37. The relevant portions of that section read as follows:

Termination only in accordance with Act - ss. 37(1) - A tenancy may be terminated only in accordance with this Act. 2006, c. 17, s. 37 (1).

When agreement void -ss. 37(5) - An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into: (a) at the time the tenancy agreement is entered into; or (b) as a condition of entering into the tenancy agreement. 2006, c. 17, s. 37 (5).

There is currently outstanding legal action at the Landlord and Tenant Board requesting a ruling that the current rules are null and void. Additional requested relief is for a ruling requiring the landlord to contact all past tenants who may have been pressured to move out of the care home as a result of the rules so that they have the option to take possible legal action such as by tort by virtue of the principle of discoverability.

CEASE AND DESIST - ALLEGED FALSE STATEMENTS TO TORONTO POLICE SERVICES

The landlord and its employee Ahnalyn Antigo have recently been given a written cease and desist direction about making allegedly false statements to Toronto Police Services (TPS). As one example, the landlord’s employee Ahnalyn Antigo recently attempted to have the founder of the Edgewood Tenants’ Association charged with what TPS described as “criminal harassment” because of this website. TPS fully declined to pursue the complaint and entirely dismissed it.

The contents of this website are protected under Section 2 of the Canadian Charter of Rights and Freedoms. All contact information has been made to be public by the landlord and its employee Ahnalyn Antigo via various signage and notices posted over the years at the rental complex. All image use on this website is fair dealing non-commercial use under s. 29 of the Copyright Act R.S.C., 1985, c. C-42. Current and pending images are sourced from the employee Ahnalyn Antigo from a public non-restricted Twitter/X account.

Because of the invalid complaint, Ahnalyn Antigo has been warned about a potential charge under ss. 140(1) of the Criminal Code (R.S.C., 1985, c. C-46). That section reads as:

Public mischief - 140 (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by: (a) making a false statement that accuses some other person of having committed an offence; (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself; (c) reporting that an offence has been committed when it has not been committed; or (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

Punishment - (2) Every one who commits public mischief: (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.

A Freedom of Information Request (FOI) is currently outstanding at TPS under the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 to obtain all statements and allegations made by Ahnalyn Antigo to TPS about the founder of the tenants' association. More FOIs are tentatively planned for all complaints to TPS made by Ahnalyn Antigo against all past and current tenants so the validity of those complaints may also be reviewed.

In relaying information about the dismissed complaint, when given a short history of the harassment and interference at the rental complex and the building-wide anti-harassment order, TPS stated, "... we need to know about stuff like that." In as much, the Edgewood Tenants' Association will soon be interacting with the community relations officers at 55 Division.

N5 SLAPP ACTION – FORMAL EVICTION THREAT

The landlord has recently served an N5 form – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding - on the founder of the Edgewood Tenants’ Association. The N5 generally threatens that if the volunteer and the Edgewood Tenants’ Association do not end various activities - which in part concern taking legal action against the landlord over its non-compliance and calling public attention to its aberrant behaviour via this website - that the landlord will file an eviction application with the Landlord and Tenant Board (the Board) seeking to evict the volunteer tenant.

The N5 form is in effect a cynical and crass SLAPP action – Strategic Lawsuit Against Public Participation – permitting a potential anti-SLAPP motion to the Board, templated on anti-SLAPP motions under ss. 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43. Additionally, any resulting eviction application to the Landlord and Tenant Board (the Board) will be dismissed due to ss. 83(3) of the Residential Tenancies Act (the Act). That section in part reads:

Power of Board, eviction – ss. 83 (3)
[…] the Board shall refuse to grant the [eviction] application where satisfied that […] (d) the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association.

Because of the threats from the landlord in the form of its N5 SLAPP action, the landlord has exposed itself to higher damages and legal fees, more wasted time, and a much higher probability that the Board will act on an outstanding motion for the landlord, its principal owners, and its employee Ahnalyn Antigo, to be referred to the Rental Housing Enforcement Unit for prosecution of alleged offences under the Act at the Ontario Court of Justice.

Personal fines under the Offences sections of the Act are up to a maximum of $100,000.00, including those that can be levied against the principal owners. Such fines may be levied directly against individual employees such as Ahnalyn Antigo. Additionally, the landlord as a corporate entity may be separately fined up to $500,000.00. The landlord and its staff may be unaware that offences under the Act are pursued at the Ontario Court of Justice and not at the Board. Some relevant sections of the Act are:

Penalties
238 (1) A person, other than a corporation, who is guilty of an offence under this Act is liable on conviction to a fine of not more than $100,000.00.
(2) A corporation that is guilty of an offence under this Act is liable on conviction to a fine of not more than $500,000.00.

Offences Requiring Knowledge
233 A person is guilty of an offence if the person knowingly […]
(h) harasses, hinders, obstructs or interferes with a tenant in the exercise of […] (iii) participating in a tenants’ association or attempting to organize a tenants’ association.

Harassment, interference with reasonable enjoyment
235 (1) Any landlord or superintendent, agent or employee of the landlord who knowingly harasses a tenant or interferes with a tenant’s reasonable enjoyment of a rental unit or the residential complex in which it is located is guilty of an offence.

Attempts
236 Any person who knowingly attempts to commit any offence referred to in section 233, 234 or 235 is guilty of an offence.

Directors and officers
237 Every director or officer of a corporation who knowingly concurs in an offence under this Act is guilty of an offence.

The volunteer tenant and the Edgewood Tenants’ Association deny all allegations contained in the N5 form and will vigorously take all appropriate legal action against the N5 SLAPP action and pursue all appropriate fines against the corporate entity of the landlord, its principal owners, and its employee Ahnalyn Antigo.

TORONTO BYLAW CHAPTER 575 DISCLOSURE – TENANT RIGHT OF REFUSAL

Under the new City of Toronto Municipal Bylaw Chapter 575 Multi-Tenant Houses, the landlord is required to ask for various items of personal information for each tenant. Current legal opinion is that though the landlord is legally obligated to ask for as much, all prospective and current tenants have right of refusal for these requests, based on privacy grounds. Current legal opinion is that no tenant is legally obligated under Chapter 575 to supply any personal information beyond what is required to enter into a lease and care home information package under the Residential Tenancies Act.

Tentatively, legal action is planned against the City of Toronto to change the bylaw so as to protect tenants' privacy rights in all multi-tenant houses in the City of Toronto.

CAUTION - HIGH PARK VILLA (1656851 ONTARIO INC.) - 2140 BLOOR ST. WEST

Prospective tenants and support persons are cautioned that Ahnalyn Anitigo also works at High Park Villa located at 2140 Bloor St. West in Toronto. Both care homes have the same common principal owners with cross staffing. It was to 11 Division of Toronto Police Services that Ahnalyn Antigo made the complaint about the tenants' association founder as detailed above. The Edgewood Tenants' Association will also tentatively be interacting with the community relations officers at both 11 Division and 55 Division.

CONTRACTS FOR PEACE OF MIND & THE PRINCIPLE OF FORESEEABILITY

The lease and care home information package contracts may be viewed as being “contracts for peace of mind” with damages available for mental distress in breach of as much, as well as the Residential Tenancies Act. For more information on contract's for peace of mind, see the Supreme Court of Canada’s ruling of Fidler v. Sun Life Assurance Co. of Canada, 2006 SCC 30 (CanLII), [2006] 2 SCR 3.

Additionally, in that the landlord is always aware that every tenant at the care home has one or more medically disabilities, the principle of foreseeability may be applied to the assessment of damages against the landlord. See the Supreme Court of Canada’s ruling of Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 (CanLII), [2008] 2 SCR 114.

These common law principles may be applied in any proceeding at the Landlord and Tenant Board under s. 17 of the Residential Tenancies Act, which reads as follows:

Covenants interdependent - s. 17 - Except as otherwise provided in this Act, the common law rules respecting the effect of a serious, substantial or fundamental breach of a material covenant by one party to a contract on the obligation to perform of the other party apply with respect to tenancy agreements.

An appeal of a Landlord and Tenant Board ruling is currently outstanding at Ontario Divisional Court to obtain in part formal rulings on the applicability of the assessment of damages for breach of contracts for peace of mind with the application of the principle of foreseeability in future Board rulings.

Note that the Landlord and Tenant Board has the authority to not only assess rent abatements in the form of damages awards but can also assess general and aggravated damages in breach of contract in the form of leases and care home information packages. See Mejia v. Cargini, 2007 CanLII 2801 (ON SCDC) at para. 19. Punitive damages are not available at the Landlord and Tenant Board but may generally be sought in tort claims at the Ontario Superior Court of Justice, of which the Small Claims Court is part. See Campbell v. Maytown Inc., 2005 CanLII 49966 (ON SCDC). Note that the board does not have the authority to rule on tort.

The relevant section of the Residential Tenancies Act for the power and authority of the Board to assess general and aggravated damages is ss. 31(1)(f):

Other orders re s. 29 - ss. 31 (1)(f) - If the Board determines that a landlord, a superintendent or an agent of a landlord has done one or more of the activities set out in paragraphs 2 to 6 of subsection 29 (1), the Board may [...] (f) make any other order that it considers appropriate. 2006, c. 17, s. 31 (1).

FURTHER UPDATES ARE PENDING

Edgewood Villa Inc.’s employee Ahnalyn Antigo at Niagara Falls with the late David McGowen, a former employee. Antigo is the employee who signed the N5 Form threatening eviction of the founder of the Edgewood Tenants' Association, with that threat and N5 Form being nothing more than a cynical and crass SLAPP action. Source: Twitter/Ahnalyn Antigo*

EDGEWOOD VILLA IS OWNED AND OPERATED BY

EDGEWOOD VILLA INC.

EDGEWOOD VILLA INC.
17 EDGEWOOD AVE.
TORONTO, ON, M4L 3G8
416-690-5440
647-308-2231
17edgewoodvilla@gmail.com

All views expressed are opinions of 2681505 Ontario Inc.
dba Edgewood Tenants' Association and/or current or past tenants

*Fair dealing non-commercial image use under
s. 29 of the Copyright Act R.S.C., 1985, c. C-42.

info@17edgewoodave.com

The information provided on this website is for general informational purposes only and is not intended to be legal advice.
You should consult with qualified legal counsel regarding your specific legal situation.

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dba Edgewood Tenants' Association