I bought into a POTL (“Parcel of Tied Lands Condominium”) in Oakville Ontario and did NOT receive what was promised in the Disclosure Package. For almost 50 years since condominiums were created and passed into law in Canada, a Disclosure Package has remained the most sacred of protections and the only one for consumers.
When you purchase a condo in a pre-construction development (to be built, does not exist) with purchasers limited to relying on promises by the developer for what they will ultimately receive, the ONLY protection granted consumers has been the Disclosure Package (containing Rules, Budget, Declaration, etc.).
In Oakville these historic norms do NOT apply and purchasers have no assurances whatsoever that what they are being promised and what they will receive are the same thing.
For example, we bought into what was marketed as “an upscale residential community of large stone houses sitting behind a prestigious stone Entrance Feature identifying it as “Waterview Common”.
So important to the upscale character of this residential community were these prestigious stone features that the municipal government sought and received a $13,000 “Surety undertaking” (guarantee that they would be included as the municipal government held these funds “in trust” for them).
But, for some unexplained reason, the Mayor refused to fulfill on his legal duty as Surety and refused for almost 2 full years to fulfill his obligations. Mayor Burton offered no explanation despite being repeatedly asked to explain why he was refusing to fulfill his obligations under law.
Real estate investors and end user owners contemplating investing over a million dollars in Oakville condos now have absolutely no assurances of laws being upheld or receiving any disclosure from the Mayor or his Town Counsel as they just keep lying and covering up their unethical if not illegal conduct.
No need for a Condo Act in Oakville as if the Mayor arbitrarily chooses (for some unexplained reason) that he chooses to ignore the law, well it’s just discarded without explanation.
The only possible explanation was advanced by a corrupt local lawyer that bought into this pre-construction community with the express intention to destroy it, even before it got off the ground.
You see, the Lot that she wanted (actually the “dog-unit” as the worst location in the condo is called) carried an Easement allowing for these prestigious Entrance Features (disclosed in the Disclosure Package given out at the time of Offer (condos carry a 10 Day Rescission Period enabling buyers to cancel without penalty if there was anything contained in the Disclosure Package that they were not in agreement with.
Now, this seriously emotionally unbalanced individual with a law degree but obviously doesn’t understand even the concept of integrity or even the law for that matter, wrote emails slamming condominium living as an inferior type of real estate investing and within days of the community’s Turn Over Meeting (where the builder resigns from the interim board of directors and “turns over the ownership” and management of the community to its Owners.
The most logical question here is “why would someone radically opposed to condominium living … buy into a condominium”?
Well, you see, this emotionally unbalanced and integrity bankrupt individual with a law degree has a Plan. She bought her deficient lot location precisely for its location as she was planning to mislead people into believing that she “owns a Lakeshore Road home” (where one house had just been listed at $59 Million!). Now these homes in this small collection of just 18 residences didn’t ring in anywhere close to multimillions and according to her law suit seeking damages after closing on her home of upwards of $850,000.00 or approximately the conventional mortgage amount for houses at this price point.
But what this Lot offered was a right up front and close view along it’s outside property line of Lakeshore’s four lanes of traffic just a stone’s throw from its property line that runs along Lakeshore separated by approximately eight feet of Town land before meeting the sidewalk.
But why would someone even want this “dog-unit location”?
Well, if that someone is a con a lawyer boasting of their Lakeshore Road home address would glean tremendous advantage (everyone in Oakville knows that Lakeshore Road houses sell in the multi million dollars range).
This con of a lawyer had a Plan and that unethical and illegal Plan that included character assassination, physical intimidation and bullying, of anyone that got into her way is clearly exposed in Justice Refused, my new ebook on this very serious and damaging failure in Oakville governance.
She is actually seen propagating the exact same lie about her “Bay Street Law Practice” that, in fact, proved simply to be a call service that didn’t even have any offices in it. Clients enter into what the firm calls an “Identity Package” giving them the appearance of a prestigious Financial District address for a small monthly fee.
Now, get me straight, there’s nothing wrong with using one of these mail forwarding services, but swearing out defamatory false criminal complaints against innocent neighbors, has a great deal wrong with it, and that’s what this corrupt lawyer is caught doing in Justice Refused.
But the problem doesn’t come from this seriously flawed individual masquerading as a reputable lawyer despite her continued proven lies under oath, physical intimidation and harassment of board members and owners, threats of frivolous law suits in excess of $500,000 against the board, harassment of board members at their places of employment, having a “thug” attend the Annual General Meeting, her getting caught on surveillance video using her own children and friend/lawyer in STAGING FALSE EVENTS to enable her to make more false police complaints that would lead to more false Criminal Complaints.
The true culprit here is the Mayor of Oakville and the Town Counselor (“Sean O’Mara”) whom promised to “investigate and get back to you” when he received his free copy of Justice Refused, but who never followed through on his word.
Now prior to my home even being built I had the displeasure of this corrupt individual repeatedly appear unannounced or invited to my under construction home, boasting about “how she was punishing the builder and getting all sorts of upgrades FREE. One doesn’t need to be a Con-hunter to see this woman for what she truly is … a ruthless corrupt individual and child abuser earning her income through threatening law suits which she then settles for cash compensation.
And the first thing that she told me, in response to a blog I had written, was that “she had caught the Mayor taking “kick-backs” from the declarant/builder to arrange “Occupancy” in contradiction to the Town’s Subdivision Agreement!
Now I’m not trying to break news here, nor am I making any such claim) as the source has proven a prolific and pathological liar, but the facts are that Occupancy Permits were issued by the Town in flagrant contradiction of its own contracts and the law, and this is what she told me personally!
And in the end, this offending corrupt lawyer, despite all evidence set out in Justice Refused having been shared with our Mayor, a Mayor who is seen actually playing a pivotal roll in pulling this crime off, continues to refuse to answer simple, respectful questions about evidence in hand.
Honest tax payers are due fundamental respect from their highly paid civic officials and the Mayor has demonstrated a complete lack of integrity and respect for all tax payers. He has been asked repeatedly and respectfully, to simply explain representations made to our board of directors by he and his chief of staff to:
- explain what benefits were derived from the Mayor accepting the unlawful alterations to our corporation’s documents (set out in Chapter 1 of Justice Refused) and who received those benefits;
- Why would the Mayor participate in an unlawful removal of pages in our privately owned corporation’s documents and have them replaced with pages stripping our condo corporation of its major asset according to lawyers;
- The Mayor and his Chief of Staff represented before witnesses that “a Special Exemption was granted to the offending owner” of which a copy of the meeting agenda, minutes, and resolution to pass the Exemption, are required under law, were respectfully requested but no answer has been forthcoming;
- In passing said resolution that removed the $13,000 Surety, giving those corporate funds to the Declarant (not a party to the corporation) the Mayor bestowed a specific benefit to one of eighteen owners that stripped our corporation of its major asset. The Mayor knew that the board of directors he was conspiring with (none of this was disclosed to any owners) was illegitimate having two failed twice and finally a successful unlawful overthrow of the legitimate board through the use of lies and outrageous (criminal) character assassination and harassment at their place of employment;
- Chapter 1 delivers the conclusive damming findings that show the Resolution supported by the Mayor with his full knowledge and awareness to be a “FRAUD”. A simple check of dates proves insufficient time for them to have legally sent out the First Notice of Special Meeting, Second Notice of Special Meeting, and held the required Special Meeting under the Condo Act, thus they have conspired to and successfully defrauded our condo corporation.
- The Mayor knows that this lawyer has sued the builder three times, successfully executed a false Private Criminal Prosecution against his site supervisor, laid 3 false Private Criminal Prosecutions against the Board President, criminally harassed a board member living outside the country with false claims of seeking $500,000 in damages, made over two dozen false police reports, led a witness in one of her false Private Criminal Prosecutions to lay her own false Private Criminal Prosecution against the board President, and conducted an illegitimate board recall, yet for some undisclosed reason, insists on disregarding his fiduciary to tax payers with respect to defending them, and refuses to answer any questions.
It is immoral and irrational for our Province to allow such flagrant criminal conduct to deliver rewards and in all of this there is one and only one beneficiary of the resulting Resolution whereby the honest consumers that bought into Waterview Common are seriously damaged while all of the unethical parties orchestrating this farce of law continue to pick up pay cheques for “representing the people”.
I have gone to absolutely every institution, agency and/or individual in a position of authority to fix the insulting exploitation of our laws by people that clearly don’t respect or believe that they must live by them.
This is no he said she said neighborly dispute as there’s nothing neighborly going on here! This is outright crime and Justice Refused indisputably proves it!
But no-one in authority has even agreed to look at or listen to the facts and it is this academic dysfunction alone that has allowed these altered reality Keystone Cops with such an adolescent con enjoy such unacceptable outcomes.
The fight to bring the truth to light has been horrific and I am asking everyone out there to please read Justice Refused, and take some time to reflect on the insurrection that we’ve just watched in America and know that what we see in Justice Refused is but a microcosm of that.
I’m calling on all Realtors earning your living helping consumers buy and sell homes and condo owners and those considering owning a condo, and volunteer condo board members and all Canadians for that matter to invest in a copy (funds used to establish a Legal Fund to defend and protect consumers) and read it closely and if you agree with what I say in Justice Refused help me get the word out to all Canadians.
The only way consumers are going to get ahead in this is to pool their energy and resources. Academics can’t help us. For example we’ve just been told that the Condo Act has been revamped and Tarion is being split up into Warranty and Condo Authority.
Condo Authority’s board of directors did not carry anyone from the streets of Condoland! Just like with the “Leaky Condo Crisis” in Vancouver over a decade before Ontario boomed in 2000, a Study that cost tax payers millions of dollars, Ontario ended up with “Leaky Condos”!
The only way condo owners will ever see a level playing field is to unite under one common banner. Condoland is a great concept that morphed itself into a huge Ponzi Scheme where the consumer puts up all the money, everyone else grabs millions and the consumer is left holding the bag. Not all bad as even the consumer gets to dump the flawed product onto some other unsuspecting soul who can pass it on for profit as well.
But it’s the big picture folks! One day there is going to be a reckoning. The Window Wall pending crisis for example holds the potential to bring the nation to its knees. Search Window Wall on simplycharles.com and you’ll know what I’m talking about.
So, if you are seriously looking at investing in a condominium from plans in Oakville, I can tell you as one burned condo buyer in Oakville, Ontario Law does not apply here.
