461 Green Rd — Battle Command Center

Josh Azan follow-up message (Mon AM)

What to say:

What NOT to say:

• Do NOT mention Barbara's Aug 11 email or the purported appeal
• Do NOT ask "what if she appeals?"
• Do NOT suggest delay
• Do NOT volunteer anything about the tenants' situation

The Sheriff enforces the writ they have on file. They don't ask about pending matters and you don't have to volunteer.

• Morning registry check completed (call Divisional Court, confirm no filing)
• Locksmith confirmed for 1:00 PM sharp — call in advance to confirm arrival time
• Sarayu's photo ID (driver's licence or passport) in her purse
• Certified copies of both LTB orders in a folder: original May 14 order + July 30 review order
• Sheriff receipt / enforcement file number in folder
• Phones fully charged, phone chargers packed
• Video recording tested (Sarayu's phone + Abhi's phone as backup)
• Empty boxes + garbage bags in trunk (for perishables consolidation)
• Cleaning supplies in trunk (paper towels, disinfectant, gloves)
• Cash for locksmith ($200-300)
• Colin's phone in speed dial: 289-878-5111
• Notify second person (family/friend) to be on call if situation escalates
• Do NOT contact Barbara or Ashley
• Do NOT post on social media about tomorrow

Pets:

• Sheriff will NOT remove the pet — that's not their role
• You cannot legally harm or turn out the pet
• Contact Hamilton Animal Services: 905-574-3433
• Or coordinate with Barbara to have someone pick up within 72 hours
• Photograph the pet in place; document the discovery

Children (unlikely — Ashley moved out and no grandchildren on lease):

• Sheriff will contact parent/guardian, or Children's Aid Society if no parent reachable
• Not your responsibility to arrange care

Send by BOTH email and text to Barbara (bamaccx@gmail.com and 289-659-5628 / 647-509-3262). Screenshot both.

• Fixed 90-minute window — no open-ended visits
• Two people on your side — never do the retrieval alone
• Belongings staged outside the unit — hallway, foyer, or building's storage area. She does NOT re-enter the unit.
• Video the entire encounter openly (Ontario one-party consent). If she objects: "This is being recorded to document the retrieval. If you don't want to be recorded, we can reschedule."
• Say very little. Yes. No. Please. Thank you. Refuse any conversation about the case, the rent, or the appeal.
• Do NOT touch personal papers or open boxes — bad optics, and she could allege you took something
• Signed receipt at end: "I, Barbara Green, on [date] at [time], retrieved my personal belongings from Unit 619 461 Green Rd, and confirm no property was withheld from me by the landlord." If she refuses to sign, video the refusal.

• After Aug 23 at 1:30 PM you may legally dispose of remaining items
• Photograph everything one more time before disposal (protection against false claims)
• Book junk removal service for Aug 24-25
• For obviously valuable items (jewellery, ID, laptop, phone), consider retaining for 30 days with formal written notice — not required but reduces T2 damages exposure
• Keep receipts for disposal costs — may be recoverable in Small Claims

The relief you seek in your Notice of Motion:

1. An order lifting the stay imposed by Rule 63.01 arising from the tenant's Notice of Appeal, so the Sheriff may enforce the eviction
2. In the alternative: an order requiring the tenant to pay ongoing rent of $2,050/month plus a lump sum toward accumulated arrears as a condition of maintaining the stay
3. An order requiring the tenant to perfect the appeal within a short timeframe (14-21 days) failing which the appeal is dismissed
4. Costs of the motion on a substantial-indemnity basis

You do NOT need to convince the court the appeal has no merit at this stage. You need to convince the court that (a) the balance of prejudice favors lifting the stay, and (b) the appeal has no arguable merit sufficient to justify the stay's ongoing harm to you.

Courts apply a modified RJR-MacDonald test to lift-stay motions in LTB appeals:

1. Serious issue on the appeal. If the appeal is frivolous or has no arguable merit, this favors lifting the stay. Your position: Barbara's 3 grounds are either (a) already litigated at review, (b) fabricated (no transcript to support), or (c) discretionary/factual (not a question of law under s.210 RTA).
2. Irreparable harm to the appellant if stay is lifted. If Barbara can be adequately compensated in damages, no irreparable harm. Your position: she can find alternate rental housing; her harm is compensable; she has never paid rent so there is no equitable claim to continued occupation.
3. Balance of convenience. Weigh both parties' interests. Your position: you have suffered 6+ months of free occupancy with zero rent; every day the stay continues you lose $67.40 in daily compensation; you have a valid LTB order that has already survived review; tenants have shown no good faith.

Practice Direction addition: the court can order rent-payment as a condition of maintaining stay. This is your fallback: if the court won't fully lift, at minimum condition the stay on Barbara paying $2,050/month going forward + a portion of arrears (say $6,000) into court within 14 days.

1. Notice of Motion (Form 37A) — states the relief you're seeking and the grounds. 2-3 pages.
2. Affidavit of Sarayu Seetharaman — sworn statement of facts with exhibits. 5-15 pages + exhibits.
3. Factum — legal argument. Not required for short motions but strongly recommended. 5-10 pages.
4. Book of Authorities — copies of relevant statutes, rules, cases. Optional but useful.
5. Motion Record — bound copy of Notice of Motion + Affidavit + Exhibits. Submitted with the court fee (~$220).

Deponent: Sarayu Seetharaman (Landlord). Abhinay may also swear a supporting affidavit as her agent on facts within his personal knowledge.

Structure (each numbered paragraph is a distinct fact):

1. I am the Landlord and owner of the rental unit at 461 Green Rd, Unit 619, Stoney Creek, Ontario
2. The tenancy began February 1, 2026 at a monthly rent of $2,050.00, due on the 1st of each month
3. The tenants are Barbara Green and Ashley MacIntyre. Attach the signed tenancy agreement as Exhibit A
4. The tenants provided two cheques at the start of the tenancy (first month + last month). Both cheques were returned by TD Bank as NSF / account not found. Attach TD Bank letter as Exhibit B
5. The tenants have not paid any rent from February 2026 through the date of this affidavit. Attach Colin's July 16 Rent Arrears Ledger (Schedule A) as Exhibit C
6. I served an N4 Notice for non-payment on [date]. Attach as Exhibit D
7. I filed an L1 application on February 21, 2026 (LTB-L-016028-26). Hearing was held April 30, 2026 by videoconference. The tenants did not appear despite proper service. Attach original order May 14, 2026 as Exhibit E
8. The tenants filed a Request to Review the order on May 26, 2026. An interim stay was granted May 27, 2026. Attach as Exhibit F
9. The review hearing was held July 23, 2026 before Member Jane Dean. On July 30, 2026, the Board denied the review and lifted the stay immediately. Attach as Exhibit G
10. I filed the certified LTB orders with the Hamilton Sheriff on or about [date] and paid the enforcement fee. Attach receipt as Exhibit H
11. The Sheriff called on August 12, 2026 to schedule enforcement for August 20, 2026 at 1:15 PM
12. On August 11, 2026 at 6:40 PM, Barbara emailed me three documents purporting to be a Notice of Appeal (Form 61A), Appellant's Certificate (Form 61C), and Affidavit of Service (Form 16B). Attach the email thread as Exhibit I and the three documents as Exhibit J
13. On August [date], I confirmed with the Hamilton Divisional Court registry that Barbara had actually filed the Notice of Appeal, and obtained a copy of the filed appeal. Attach as Exhibit K (if applicable)
14. The three grounds of appeal are: (i) alleged lack of notice, which was fully litigated and rejected at the July 23 review; (ii) alleged bias by the review adjudicator, which is not supported by the written reasons and requires a transcript that has not been ordered; and (iii) alleged failure to consider a payment plan, which is a discretionary/factual matter, not a question of law under s.210 RTA
15. Since the tenants have never paid rent, arrears now exceed $[current amount]. Each additional month of stay adds $2,050 to my losses plus $67.40/day in daily compensation under the LTB order
16. I am servicing a mortgage on this property. The absence of rent for over 6 months has caused significant financial hardship
17. The tenants have shown no good faith throughout this proceeding. They provided fraudulent NSF cheques at the start. They failed to appear at the merits hearing. They filed for review at the last moment before eviction. Their appeal was served by email one week after review was denied, using an outdated form with an unsworn affidavit
18. Continued stay causes ongoing irreparable financial and property loss to me. The tenants would suffer no undue prejudice from enforcement — they have already benefited from over 6 months of rent-free occupancy and their appeal is unlikely to succeed on the merits
19. I ask the court to lift the stay under Rule 63.02(1)(b), or in the alternative to require the tenants to pay ongoing rent and a portion of arrears into court as a condition of maintaining any stay

Sworn in front of a commissioner (lawyer, paralegal, notary, LSO-authorized commissioner). Cost usually $20-40.

• Residential Tenancies Act, 2006, s.210 — appeals to Divisional Court on questions of law only
• Rules of Civil Procedure, Rule 63.01(1) — automatic stay on filing Notice of Appeal for orders under the RTA
• Rule 63.02(1)(b) — court may order that a stay be lifted
• Rule 61.04(1) — appeal deemed abandoned if not filed within 10 days after service
• Practice Direction Concerning the Divisional Court, Section on LTB Appeals (October 2023) — expressly authorizes lift-stay motions and conditional stays requiring rent payment
• RJR-MacDonald Inc. v Canada (AG), [1994] 1 SCR 311 — 3-part test for stays (adapted for lift-stay context)
• Kizemchuk v 60 Montclair Limited, 2024 ONSC 6140 — Divisional Court's diligence test for LTB review; supports rejecting the same "no notice" argument on appeal
• Metropolitan Toronto Housing Authority v Godwin (1997), 32 OR (3d) 501 (Div Ct) — courts should not permit RTA appeals to become vehicles for continued rent-free occupation

1. Confirm filing. Call Divisional Court registry (Hamilton, 45 Main St E). Get the court file number. Request a copy of Barbara's filed appeal materials.
2. Draft the motion documents. Notice of Motion + Affidavit + Factum. Use the outline above. Print in triplicate.
3. Swear the affidavit. Sarayu attends a commissioner (any lawyer, paralegal, notary, or ServiceOntario has commissioners). Costs $20-40.
4. Assemble the Motion Record. Bind with tab dividers. Table of contents on front page.
5. File at Divisional Court registry. Pay the motion filing fee (~$220). Get 3 stamped copies back.
6. Request an urgent hearing date. Ask the registry to schedule as soon as possible given the ongoing prejudice. Provide dates you're available in the next 2-3 weeks.
7. Serve Barbara. Personal service is safest. Alternative: email if she has previously accepted email service (she did serve you by email, so a case for reciprocal email service exists).
8. File proof of service (Form 16B, properly sworn) with the court.
9. Appear at the motion. Sarayu is the named party but Abhinay may attend as her agent. Speak from the affidavit. Be professional, factual, brief.
10. Obtain the order. If granted, immediately serve on the Sheriff to resume enforcement scheduling.

During this entire period, tenants continue to occupy the unit without paying rent. Every day increases your arrears claim and your s.83-relevant equitable position.

📹 Video walkthrough checklist

One continuous video, narrated. Do not stop and restart.

Start at the front door. State out loud:

Walk through in order. Show every room. Narrate as you go:

• ☐ Front door — inside condition, lock mechanism
• ☐ Entryway / hallway
• ☐ Living room (all walls, ceiling, floors)
• ☐ Kitchen (cabinets open + closed, appliances, sink, floor, fridge open, freezer open)
• ☐ Dining area
• ☐ Bedroom 1 (walls, ceiling, closet open, floor)
• ☐ Bedroom 2 (if applicable)
• ☐ Bathroom (tub, toilet, sink, floor, walls, mirror, medicine cabinet)
• ☐ Any storage / laundry space
• ☐ Balcony / patio (if applicable)
• ☐ Windows — check they close and lock
• ☐ Any obvious damage — close-up on each item, state what it is
• ☐ Any obvious garbage/mess — pan across
• ☐ End back at front door — say "walkthrough complete, [DATE] [TIME]"

After video: take individual photos (not video) of any specific damage. Time-stamped by iPhone metadata.

📦 Consolidate personal items — checklist

Purpose: gather Barbara's belongings so she can retrieve at the entrance without needing to enter the unit itself.

What to actively consolidate into labelled boxes:

• ☐ ID documents (passport, driver's licence, health card, SIN card, birth certificates)
• ☐ Medication (prescription bottles, insulin, inhalers — anything medical)
• ☐ Keys (car, other property, mailbox)
• ☐ Wallet, cash, credit cards
• ☐ Phone chargers and phones
• ☐ Laptop / tablet
• ☐ Mail (open + unopened)
• ☐ Family photos (obvious sentimental items)
• ☐ Jewellery box or obvious valuables

Label each box with painter's tape: "PERSONAL - BARBARA GREEN - Aug 20, 2026"

Stage boxes near the front door so retrieval can happen without entering the unit.

DO NOT: read personal papers, open envelopes, sort through belongings, photograph the contents of drawers/documents. Consolidate as-is, don't investigate.

Furniture, clothing, dishes, general belongings: leave in place OR bag/box loosely for later retrieval. Don't spend hours packing everything — she has 72 hours to arrange proper retrieval.

📜 Sheriff's proof of enforcement

The Sheriff should give you a Return of Writ (aka Return of Enforcement) at the scene. This document confirms:

• Date and time of enforcement
• Address of the unit
• LTB file number
• Transfer of possession to landlord
• Officer name and signature

Ask for a copy BEFORE the officer leaves. If they say they'll mail it, ask if you can take a photo of the completed form on the spot.

Also take your own proof:

• Dated photos of the front door with new locks
• A short selfie video: "It is [DATE] at [TIME]. The Sheriff has just completed enforcement of order LTB-L-016028-26 at Unit 619, 461 Green Rd, and transferred possession to Sarayu Seetharaman."

If no paper document was given, call 905-645-5323 within 24 hours: "I'd like a copy of the Return of Writ for enforcement completed today at Unit 619, 461 Green Rd. Please email to abhinay.natraj@gmail.com."

Why it matters: needed for Small Claims Court money judgment filing, insurance/mortgage confirmation, tenant screening, potential T2 counter-application defence.

📧 Send this email to Barbara after enforcement

Copy-paste ready. Fill in only the exact enforcement time.

To: bamaccx@gmail.com
CC: bmacic5653@yahoo.ca
Subject: Retrieval of personal belongings from 461 Green Rd Unit 619 — deadline Sunday August 23, 2026 at 1:30 PM

Also send a short text to both numbers (289-659-5628 and 647-509-3262):

Screenshot both the email and the texts after sending. Save the screenshots in a folder called "Aug 20 Retrieval Notice Sent" so you have proof of transmission.

💬 Text Colin to close the loop

To: Colin Mitchell — 289-878-5111

🚨 If Barbara shows up during the lockout or unexpectedly

She has NO legal right to be at the property or to interfere with enforcement.

1. Stay calm. Do not raise your voice.
2. Say: "The Sheriff is here to enforce the eviction order. You need to step back and let them do their job."
3. Let her grab a few essentials briefly if the Sheriff allows (medication, ID, wallet, phone)
4. Do NOT let her enter the unit to pack, argue, or delay.
5. Tell her: "You can arrange to retrieve everything else within 72 hours. I'll send details in writing to your email today."
6. If she becomes aggressive, call 911 immediately.
7. Video everything from the moment she becomes hostile.

Do NOT engage in any conversation about the case, the appeal, the money, or the past. Only about the practical retrieval process.

✅ Final checklist before you leave the unit

• ☐ Locks rekeyed (test the new key works)
• ☐ All windows closed and locked
• ☐ All appliances off (stove, oven — check both!)
• ☐ Fridge/freezer — leave contents in place OR remove obvious perishables (your call)
• ☐ Water taps off
• ☐ Personal items consolidated and labelled near door
• ☐ Video walkthrough saved to phone
• ☐ Individual damage photos taken
• ☐ Retrieval email sent to Barbara
• ☐ Retrieval text sent to both her numbers
• ☐ Screenshots of email and text saved
• ☐ Colin texted
• ☐ New keys in your possession (do not leave any keys behind)
• ☐ Unit locked
• ☐ Enforcement time noted on Contact Numbers Page

🔄 How many retrieval visits does she get?

Legally: as many as needed within the 72 hours, as long as you both agree on times.

Practically: YOU control the schedule. She has no right to a key, no right to enter unsupervised, no right to demand times. But you must give her a "reasonable opportunity" to retrieve.

Recommended pattern for your case:

1. Offer one 90-minute window first (e.g., Saturday 10:00-11:30 AM).
2. If she asks for a second window, grant one 60-90 minute follow-up as courtesy (e.g., Sunday 10:00-11:00 AM). Send confirmation in writing calling it "final opportunity."
3. Third request or beyond: decline politely in writing. "I've accommodated two windows. The 72-hour period ends Sunday at 1:30 PM."
4. Emergency-sounding requests (medication, ID for job interview): grant a brief supervised visit even if third window. Documents like ID and prescriptions have urgency a reasonable landlord accommodates.

Rules for every retrieval visit:

• Two people from your side present at all times. Never solo.
• Video from the moment she arrives to the moment she leaves.
• Belongings staged outside the unit; she does not enter.
• Fixed start and end time. If she's still there at end time: "The window is closing. We need to lock up."
• She provides her own transport and help; you don't move stuff for her.
• No conversation about the case. If she brings it up: "I'm not discussing that. Let's focus on the items."
• Signed receipt at the end.
• Do not let her back in after she leaves.

After 1:30 PM Sunday Aug 23: your 72-hour obligation ends. Remaining items can be disposed of. Any further requests: "The 72-hour period has expired."

Who calls: Colin ideally. If Colin unavailable, Sarayu.

Number to try first: 905-525-5321 (Hamilton Superior Court general line)

If they can't help by phone: Ask what registry office handles Divisional Court appeals for Hamilton region. Divisional Court appeals are sometimes filed at Toronto (Osgoode Hall). Try:

• Divisional Court Toronto registry: 416-327-5100
• Osgoode Hall: 130 Queen St W, Toronto

Subject: Re: Barbara Green appeal — Sheriff filing status + registry check request

Colin,

Thank you for the detailed memo. Very helpful. One important update
I should have mentioned earlier: I already filed the certified orders
with the Hamilton Sheriff last week and paid the enforcement fee. They
said someone would call 3 days before enforcement. That call has not
come yet, which fits the 2-4 week Hamilton wait time.

So the concern is really whether Barbara's appeal is actually filed
with the Divisional Court, and whether that pauses the Sheriff's
scheduling.

Requests:

1. Can you (or your office) call the Divisional Court registry this
   week to verify whether a Notice of Appeal has actually been filed
   (not just emailed to me)? I'd like to avoid emailing Barbara because
   I don't want to prompt her to complete the filing.

2. If it turns out she has filed, please share your view on:
   - Whether self-representing the lift-stay motion is realistic
   - Any lawyer referrals you have for a limited-scope retainer
   - Approximate cost of a lift-stay motion

3. Please confirm the cost for the registry check + strategy call so I
   can authorize the additional Phase Two work on the retainer.

Preserving Barbara's email exactly as received. Not contacting her.
Standing by for your next steps.

Thanks,
Abhiney
647-467-3649

⚠ Do not send unless Colin recommends after registry check. Sending prompts her to complete filing.

Subject: Documents received Aug 11, 2026

Barbara,

We acknowledge receipt of the documents you emailed on August 11, 2026.
Please provide:

  - a filed and stamped copy of the Notice of Appeal;
  - the Divisional Court file number;
  - proof that the appeal has been filed with the Court; and
  - any Certificate of Stay you have obtained.

For clarity, we do not admit that service was valid, that the appeal
has been properly commenced, or that any stay is currently in effect.

Please provide the requested information immediately.

Regards,
Sarayu Seetharaman
(through Colin Mitchell, Parallax Paralegal Services)

That's it. No questions about the appeal. No mention of tenants' recent communications.

Call 2-3 Hamilton-area locksmiths, ask specifically for LTB eviction lockout services:

• Google: "Hamilton locksmith LTB eviction"
• Ask: rate for residential rekey (~$150-250 is typical)
• Ask: availability on 3 days' notice
• Ask: do they accept e-transfer / cash / card on site
• Ask: how long does the rekey take (usually 30-45 min for a standard apartment)

Get their card / contact and hold on standby.

Immediately after Sheriff hands you possession:

1. Photograph every room, every wall, every fixture (time-stamped by phone metadata)
2. Take video walkthrough (30-60 sec)
3. Photograph any belongings left behind (needed for the 72-hour storage record)
4. Note any damage in writing while it's fresh
5. Change locks BEFORE leaving the unit unattended
6. Keep receipts for locksmith, any cleanup, any repairs — recoverable from tenants via Small Claims