Unprecedented in Canada, I was evicted from my home because of a minor Covid violation. I was evicted because I had two guests at my place on Dec.  11, 2020. The wealthy landlord, who’s Chinese family owns six buildings, had the apparent motive to evicting me because I only paid $1,437 for a 2BR apartment which could fetch $1,000 more. I received a phone call from the police, from officer Warner, not to contact her nor the building manager again. I’ve chosen not to mention their names. After hand delivering a letter to her parents house, who are also the landlords, I received another phone call from officer Warner, to not contact them either.

This went to adjudication on June 8th, 2021 and the adjudicator, Derek E. Tangedal, quickly decided that I was guilty and he evicted me. This was the big surprise as I believed that the RTB was there to protected tenants or at least be fair. I was wrong. This arbitrator’s decision is posted here and the other link has more on Derek Tangedal:

http://canada.landoffree.com/employee/derek-e-tangedal

I appealed and a second adjudicator, D. Holloway, immediately upheld the decision. This website post records the history of this injustice with the documents that were made during this time period. I spoke with three lawyers getting help with my case and they all said that they have never heard of anyone in Canada ever being evicted for a Covid violation, like this. Mine was the first case. If you hear of any other cases, please let me know, at brian@brianruhe.ca

I first met the building manager when he started his job in the fall of 2016. During Covid, he tried to prevent me from having my girlfriend visit me. The PHOs- the Provincial Health Orders in 2020 and 2021 stated:

If you live with a roommate (which I did) that is your bubble. No one is allowed to visit you- not even my girlfriend who had been coming there for over eight years. She had to walk 42 feet to get into my apartment, just to the right of the main entrance.

She posed no danger to tenants catching Covid by walking 42’ because 95% of the time, there was no one within six feet of her. The building manager stated, in writing, that he did not want her in the building. More details are further down, below.

 

Liars Should Repent

 

I invite the building owner to do a public video with me apologizing for lying to me and about me.

I invite manager to do a public video with me explaining his side.

I invite adjudicator Derek Tangedal to make a public video with me explaining how he recklessly evicted me without listening to, nor even reading my side of the story.

I invite the second adjudicator, D. Holloway, to make a public video with me explaining why he recklessly and quickly confirmed Derek Tangedal’s unjust decision to evict me.

 

This is newsworthy as this could happen to anyone. The rules for Covid can be abused by anyone who wants power over others and is able to use Covid as an excuse.

This began when the building manger of my apartment was strict tenants over any minor rule since he started in the fall of 2016. He picked on me for several unjustified things before Covid happened.

On Dec. 11, 2020 I had a couple of friends over before Christmas. It was in violation of the Provincial Health Orders (PHOs) to have any guests outside your bubble or you could face a $230 fine from the police. I decided to take that chance. Days later the manager said tenants told him I had company. I explained that I did have two people over but I didn’t think it was a tenancy issue. He did not tell me it was a tenancy issue at that time.

Then, on Feb. 25, 2021 he gave me a Notice to End Tenancy with Cause and he cited that Dec. 11^th visit as a reason. The rest of the documents copied below explain more about how this unfolded, resulting in my unfair eviction. Has this ever happened anywhere in Canada?! How many people get evicted for breaking minor Covid rules? Millions of people don’t follow the rules perfectly. Below are the documents from the first notice of eviction. You can expand them to read them:

I began renting my 2BR apartment in Kitsilano, Vancouver on July 1, 2005. It was a good move and I lived their with my Buddhist roommate Albert. Our intention was that it was a dharma house and I hosted a Wednesday night Buddhist meditation group there from my classes, for many years.

I got to know the old Chinese couple who owned it and they always treated me well. Many times he was on the property and I would see him outside my window, as I was on the ground floor, facing the front lawn and he would come over and chat with me. He talked about his background and some of the other buildings he owned and I told him about my Buddhist meditation group which met every week in my apartment. He respected that I was a Buddhist teacher and he seemed to think it was a good thing for his building to have this group there.

As the years went by, he and his wife told me that their daughter was getting involved in the family business. In 2009 my roommate had a problem with a loud pipe in his room. He had trouble sleeping because of the noise. I called the building manager and he said the owner would come over to look at it. I was surprised that their beautiful daughter came over instead of one of her parents! This was the first time I met her and we liked each other. I called her up and emailed her after that several times and she told me about her creative writing and how she really wanted to be a writer and didn’t really like the job of being a landlord. I liked dealing with her and never wanted to give her any trouble as a tenant.

I still interacted with her parents and over the years her father developed dementia as he is in his late 70s. I would talk with her mother and she and I would talk about her daughter and their son who lived in their other building, which I rented from them in 1985, also in Kitsilano. In 2016, I asked her if she was ever going to be a grandmother and she confided to me that her daughter living together with her boyfriend was not the same as a marriage. She was upset about it. But later she did have a baby girl who was born in 2019.

This was a happy building to live at and the best building manager we had was Roy, who stayed from 2011 until 2016. Then, we got the new manager who, over time became a rule pusher and he threatened to evict any tenant who left a cigarette but on the front entrance and he offered us $50 each to spy on and report on our fellow tenants. 

One day in 2020, he saw me feeding a squirrel by my window and he aggressively told me not to do that! He said he would would report it to the owner, as though feeding a squirrel is an eviction offense. I told him I would stop and I did so he said he wouldn’t report it. But he went back on his word and he cites the squirrel incident in his first notice of eviction.

I could go on and on and relate more stories plus those that other demoralized and fearful tenants told me but this post is quite long already. This is the old and familiar story of the landlord/ building manger and tenant relationship which is being played out all over the world every day. I suspect that the owner hired the manager for the purpose of increasing her income by evicting long time residents, like myself. The laws in our province only allow landlords to raise the rent 3% per year. I never said that I favoured this law. If left to market forces people without huge discounts would likely be paying less and it would all balance out more. I don’t know. I am not qualified to judge what policy is the fairest. I sympathize with landlords but the way I was harassed justifies this website post.

This issue is also about COVID. This is much bigger than a building manager unfairly abusing and evicting a tenant. The state created this opportunity for the abuse of power and the judiciary upheld the eviction! Who are these two adjudicators who made and confirmed this unjust decision? Why is this still going on? Who will the next victim be in Canada or around the world?

FALSE ACCUSATIONS

The manager filed 60 pages against me. In it he copied an internet
story about a man who was arrested at a nightclub in Vancouver for
making a Nazi salute. That man was kicked out. This had nothing to do with
me and I never heard about it until he submitted the papers
accusing me of being that man! This is gross false accusation. The
article made no mention of me.

He also stated that I should be evicted because everyone in the building
was in danger of vigilante attacks upon the building! He stated that
anti-Nazis, such as Antifa, might attack the building. I had been
making pro-Hitler, anti Jewish power, videos there for eight years
but nothing happened. No one even buzzed the intercom or came to my
window to make a rude or threatening remark. Nothing in eight years
and he wanted to evict me because of the dangers of a vigilante
attack?!

Letter to owner Feb. 26, 2021. She and her parents are the owners of the apartment building and several others

——– Forwarded Message ——–

Subject:	Notice to End Tenancy For Cause
Date:	Fri, 26 Feb 2021 08:34:59 -0800
From:	Brian Ruhe <brian@brianruhe.ca>
To:

Hi _______,

I was surprised yesterday when ________ served me the Notice to End Tenancy For Cause papers at around 3:10 pm. Your name is not on it, nor your signature but I assume you have a copy.

This is a misunderstanding. I am following the PHO’s Covid protocols and I do take them seriously. Since ________ reminded me of them on Feb. 8^th we have had zero guests and I and my roommate Rob Kralik and my girlfriend Nancy have always wore a mask 100% of the time, without once forgetting to do so.

There are 14 points that _______ lists. 9 of the 14 are simply about my girlfriend Nancy coming and going and having her own key to the building! Nancy has been my girlfriend since November 2012 and every building manger since then has agreed that this policy is no problem. _______ himself said this to me months ago. Nancy is part of my personal bubble and she takes the PHO’s Covid rules seriously.

I feel that it would be wisest and best for everybody if you and I could talk on the phone about this matter, first. My phone is 604-738-8475, cell 778-232-2282.

Thank you kindly, ________,

Brian Ruhe

cc: _______

——– Forwarded Message ——–

Subject:	Brian Ruhe’s Possible Dispute contents – for March 2, 2021
Date:	Mon, 1 Mar 2021 09:06:40 -0800
From:	Brian Ruhe <brian@brianruhe.ca>
To:

Hi _______,

I am following up from my email from Friday.

I recognize that Covid has put you under much greater stress as the building manager and it is a thankless task that you have. I don’t know to what extent you feel responsible for everyone’s behaviour but I appreciate this must be rough on you and maybe it’s distorted your judgment of me.

That said, would you please confirm whether my longtime girlfriend (who is part of my personal bubble) is allowed to visit me?

The RTB recommends trying to settle the dispute first so I am offering to you and _______ to drop this. I will wait until tomorrow afternoon but if I don’t hear from you I will file my dispute. I think I should show you the contents, below.

Thanks,

Brian

cc: _______

Brian Ruhe’s Dispute for Notice to End Tenancy For Cause

File Number: 910031252. Submitted March 2, 2021 to the Rental Tenancy Branch of the BC Provincial government

I have lived here almost 16 years. I am a senior, 61. My 2BR costs only $1437. I have gotten along well enough with the owner’s family for 16 years and also rented with them in 1985.

I was surprised by this Notice from the manager as it is very unfair and unjust.

The accusations against me seem to be unreasonable.

I will write out or refer to the manager’s statements, some in brief, with my response sometimes in CAPITALS, for clarity.

The three boxes ticked are:

Significantly interfered with or unreasonably disturbed another occupant or the landlord.

NO. THIS IS EXPLAINED BELOW.

Seriously jeopardized the health or safety or lawful right of another occupant or the landlord.

NO. I’M JUST LIKE MOST PEOPLE IN THE BUILDING. NO DIFFERENT.

Put the landlord’s property at significant risk

NOT AT ALL. ON DEC. 16TH OWNER ISSUED ME A WRITTEN WARNING AND I ACCEPTED IT, SO THAT IS ALREADY SETTLED. DONE. I PREVIOUSLY TOOK TWO ABANDONED CHAIRS, WHICH WERE MARKED FOR DUMPING, FROM THE UNDERGROUND PARKING AREA. THEN DIDN’T WANT THEM AND PUT THEM BACK. I DIDN’T KNOW THAT WE WEREN’T ALLOWED THERE AS I HAD WALKED THROUGH THERE OVER 15 YEARS. A VERBAL WARNING WOULD HAVE BEEN ENOUGH.

The long opening paragraph is 11 lines. My response to that is:

Not true. It has not been a lengthy troublesome relationship. The manager stated that a previous roommate, Alex (who left in 2018) was aggressive but I don’t believe this. He told me this months after Alex moved out. He didn’t warn me at the time.

My current roommate, Rob Krawlik had a short talk/ minor altercation with _______, asking him, “What is wrong?” but we apologized and _______ accepted that. This was settled in an email exchange. Done.

I have had very few guests over, as described below. I didn’t fully understand to what extent we can’t have guests.

It is not true that we fail to maintain physical distancing. When the manager gave reminders and warnings I was and am good at complying.

He states, “This open disregard for the law, and intentionally and blatant non compliance with health orders, jeopardizes the health and safety of other residents and building staff.”

This statement is false. We wear a mask every time, while some other tenants don’t. Our actions don’t endanger others.

“This disrespectful behavior takes away the quiet enjoyment that other tenants are entitled to.”

I don’t hardly interact with any other tenants at all. Sometimes I see them at the door. This statement is false. I have been respectful for all these 16 years.

The letter states: “Some of the instances include but are not limited to,”

1. Nov. 7^th, 2020:

Text message of the covid rules………..

YES I READ ALL OF THE TEXTS AND FOLLOW THEM. NOV. 19TH IS THE DATE CITED ABOVE, BUT THIS IS NOV. 7TH.

2. Tenant had 4 non resident guests in his apartment for a few hours, this was mentioned to management by 2 other residents. The building manager reminded the tenant about the PHO’s.

I HAD A FEW FRIENDS OVER. MANAGER REMINDED ME LATER ON DEC. 18^th ABOUT PHO’S RULES ABOUT GUESTS. I SAID THAT MY UNDERSTANDING WAS THAT THIS DID NOT AFFECT MY TENANCY. MANAGER SAID, “BUT IT IS THE LAW.” I AM UNCERTAIN IF THE PHO GUIDELINES ARE ACTUALLY THE LAW. I DON’T KNOW. MANAGER DID NOT SAY THIS WOULD AFFECT MY TENANCY.

3. Dec. 18, 2020, 9:20 am:

Feeding the squirrel objection. Misrepresents the situation and it’s so minor.

ABOUT A YEAR AGO HE ASKED ME TO STOP FEEDING THE PIGEONS AND I STOPPED PERMANENTLY. HE NEVER MENTIONED A BI-LAW ABOUT SQUIRRELS. ONCE HE SAW ME FEED A SQUIRREL AND HE SAID THEY CARRY DISEASES BUT HE DID NOT ASK ME TO STOP.

IT’S TRUE THAT I HAD A SQUIRREL ON THE WINDOW SILL ON DEC. 18TH. MANAGER TOLD ME TO STOP AND I DID, PERMANENTLY. DONE. I EXPRESSED NO DISAGREEMENT ABOUT NOT BEING ALLOW TO HAVE A CAT.

“A female non resident was in his unit at the time.”

THIS IS MY GIRLFRIEND, WHO HAS COME SINCE NOV. 2012!

MANAGER HAS SPOKEN TO HER MANY TIMES AND KNOWN HER SINCE HE STARTED IN 2016. SHE IS PART OF MY BUBBLE. HE BRINGS THIS UP IN NINE POINTS (6 to 14) HERE, AS THOUGH HE DOESN’T KNOW MY GIRLFRIEND!

4. Dec. 24, 4:30 pm

Non-resident guest in the tenant’s apartment during the afternoon.

A MALE FRIEND CAME TO PICK ME UP FOR CHRISTMAS EVE. IT WAS BRIEF AS WE WENT OUT. I DON’T RECALL IF HE CAME IN OR I JUST WENT OUT.

5. Jan. 1 11:45 am

Hugged a lady outside, beyond the property and got into that the awaiting SUV and we weren’t wearing masks. I shook her hand without wearing gloves, etc.

I MET A MARRIED COUPLE AND HUGGED THE LADY WHO I WORK CLOSELY WITH. ON FEB. 8TH MANAGER SAID THAT THIS HAPPENED TWO WEEKS BEFORE, NOT FIVE WEEKS. I SAID “NO” BECAUSE OF THE DATE.

6. Jan. 31, 12:03 pm

Tenant and female friend walked in building to his unit.

THIS IS MY GIRLFRIEND AGAIN.

7. Tenant had a female guest in his apartment for several hours.

THIS IS MY GIRLFRIEND AGAIN.

8. Feb. 1, 11:45 am

Tenant walked female guest walked through lobby while building manager was cleaning, neither tenant nor guest were wearing a face mask, nor practicing social distancing protocols. A tenant who witnesses that incident commented afterwards on their frequent disrespectful behaviour and their lack of concern for others by not social distancing.

THIS IS MY GIRLFRIEND AGAIN. WE FORGOT TO WEAR OUR MASKS. I DIDN’T SEE MANAGER CLEANING. HE MAY HAVE SEEN US FROM HIS THIRD FLOOR AND CAME DOWN TO CONFRONT US. HE REMINDED ME AND I PUT ON MY MASK IMMEDIATELY FROM MY POCKET. I WAS POLITE THE WHOLE TIME BUT MANAGER SAID, “PEOPLE ARE GETTING MORE DISRESPECTFUL IN THIS BUILDING.” I SAID, “WELL I’M NOT BEING DISRESPECTFUL __________, WE JUST FORGOT TO PUT ON OUR MASKS”.

I SAW NO OTHER WITNESS THERE. I WANT TO HEAR THIS WITNESS TESTIMONY. I DON’T KNOW OTHER PEOPLE AND THEY DON’T KNOW ME AND NO TENANT HAS EVER INDICATED IN THE SLIGHTEST WAY THAT I HAVE HAD “frequent disrespectful behaviour and their lack of concern for others by not social distancing”.

9. Feb. 14, 5:00 pm:

Tenant’s friend entered building and went to unit 104 with her own key.

MY GIRLFRIEND HAS HAD PERMISSION TO HAVE A KEY SINCE 2012. MANAGER REAFFIRMED THIS MONTHS AGO.

10. Feb. 15, 11:41 am:

Tenant and female friend exited 104 and left building.

MY GIRLFRIEND

11. A female guest was in tenant’s unit 104 most of the morning.

MY GIRLFRIEND

12. Feb.21, 5:30 pm:

Tenant’s female friend was seen with a key from her purse……

SAME GIRLFRIEND, EVERY TIME.

13. Feb. 22, 9:23 am:

Tenant and a female guest seen walked out of his unit, through building front entrance and left the building.

MY GIRLFRIEND LEFT FIRST AND EXCHANGED GREETINGS WITH MANAGER. THEY WERE OUTSIDE AND MANAGER WAS UNAWARE OF ME FOLLOWING BEHIND IN THE LOBBY. I SAW HIM TAKE A PHOTO OF MY GIRLFRIEND WHEN HER BACK WAS TURNED TO HIM. I WENT OUT AND POLITELY SAID, “HI _______, HOW ARE YOU DOING?” MANAGER SAID, ‘OH, NO TOO BAD.” “OK, SEE YOU,” I REPLIED.

WHY IS THE MANGER TAKING PHOTOGRAPHS OF MY GIRLFRIEND?! SHE WAS VERY UPSET ABOUT THIS WHEN I TOLD HER, LATER. HE HAS TAKEN PHOTOS OF HER AT LEAST TWICE BEFORE.

14. Feb 22, 11:28 am:

Tenant’s female friend seen with key from her purse…….

NO. I WAS WITH MY GIRLFRIEND AND I USED THE KEY.

Landlord feels tenant’s behavior is detrimental to health and well being of others. These comments and observations mentioned above are from 6 different individual witnesses who are disturbed by this tenant’s behaviour.

MANY WITNESSES MAY NOT HAVE KNOWN ABOUT MY GIRLFRIEND BUT THE MANAGER DOES.

The tenant continually fails to take any precautions whatsoever during the state of emergency. He and his guests ignore PHO’s and safety measures as outlined by provincial government, for these reasons we find it best for all concerned to end his tenancy.

“WHATSOEVER”?! THIS STATEMENT IS FALSE. I AND MY ROOMMATE AND MY GIRLFRIEND ALL ABIDE BY PHO’S SAFETY MEASURES BETTER THAN SOME OTHER TENANTS.

Additional Comments:

The most apparent motive for this Notice to End Tenancy for Cause is that I only pay $1437 for 2BR. They recently evicted my neighbour in #111 after 25 years.

When the manager first moved in, in 2016, he expressed an interest in moving into my apartment. My unit is 2BR by the front door. He showed me his one bedroom close to mine in #105 and asked me if I liked it but I wanted to remain in my 2BR with my roommate.

I have the right to “Quiet Enjoyment”:

https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/during-a-tenancy/quiet-enjoyment

and the building manager, has disturbed that. Previous managers were fine.

Manager offered me and other tenants $50 to spy on their neighbours.

He said that if someone left a cigarette butt at the entrance he would evict them. He has instilled fear in the tenants, even before the stresses of Covid.

An outstanding grievance is that since 2017 I was told that the building manager had to approve any new roommate. I agreed to this but for four months I had no roommate from Oct. 2018 to Jan. 2019 because the manger unreasonably refused many applications. This was very time consuming and I lost $800 per month which was unsustainable. It caused me anxiety, depression and lack of sleep for four months. My roommate rents from me and I feel that I should have my right returned to choose my own roommates as I did for the 12 years before, as that was the original contract that we signed in 2005. There was no problem with roommates in all those years.

Manager’s first response letter, March 1^st.——– Forwarded Message ——–

Subject:	Re: Brian Ruhe’s Possible Dispute contents – for March 2, 2021
Resent-Date:	Tue, 2 Mar 2021 02:19:43 GMT
Date:	Tue, 2 Mar 2021 02:19:28 +0000 (UTC)
Reply-To:
To:	Brian Ruhe <brian@brianruhe.ca>

Hello Brian, even though it is after hours, I have been wanting to write you all day but other urgent things keep popping up, but before I set aside work for the day I want to write, as our neighbourly relationship was always of importance to me. 

We are in receipt of your email from Friday, by the time we could reply you sent us another email this morning.  Just so you know, any formal Notices or Warnings to tenants are done by senior management and not normally the jurisdiction of the building manager.  I am disappointed by the fact I have always been understanding and supportive of you, throughout many misunderstandings that have taken place between us by what you often claimed were because you were confused, or didn’t fully understand what was said, or merely forgetfulness on your part, usually with a little time, and a few face to face discussions we worked out a way to deal with matters.  Most of these were often resolved by my being understanding and compassionate.  I have always tried to work with you in a professional manner, but I find your email this morning to be of a personal attack on me.

I’m sorry if you feel the Notice you received is in any way the sole action of the building manager as you have implied. I thought you always felt that I am not an unreasonable person, not one that nitpiks, or enjoys being at odds with tenants or anyone else, as many know when disturbances arise,  I am the first to want to be at peace with good tenants.  But as I told you the other day, with issues adding up so fast my hands are tied.

Unfortunately,  I have to disagree with most of what you wrote in this mornings email, we feel we have given you so many chances and warnings, and now we feel in the interests of others that we have to move forward with the Notice to End Tenancy.

To address and answer just a couple of the points you raised, just because I personally would like you to have a better understanding of them,

1.  You asked me a question, “would you please confirm whether my longtime girlfriend (who is part of my personal bubble) is allowed to visit me?”.

I think that would be better directed to BC Health.   But I can say as I have before, I am not an authority on this but my understanding of current PHO’s,  the fact that there are two people living in your unit, that forms your household bubble, so neither of you are allowed to have any outside guests during this time.  That’s not our rule, that’s the Provincial Health Order.

As you said back in December about Nancy’s building and it does cause me concern that since we don’t know how they view PHO’s in their building or household, that causes me nervousness when it overflows into our building against current PHO’s.  Many can understand my wife and I, like many others are trying our best to stay safe these days.

Many in our building haven’t seen friends or relatives in over a year due to the pandemic, so to see others not complying with PHO’s disturbs them and all this pains my heart. I agree with others that we should stick together as neighbours, look out for each other, and not let our guard down yet. For many the sacrifices have been huge, and they are still worried about covid-19.

As previous notifications to tenants have mentioned, we have had at least 3 cases of Covid -19 in our building in recent months, and one “contagious infectious  disease”.  On one occasion I had a person who was told by their doctor to “stay home”, walk right up to me while I was working in the laundry room without her wearing a face mask or social distancing while seeing me in there from 20 feet away, she thought her doing laundry was more important than my health, or that of our buildings plumber, his assistant, that were working with me, and that of the other tenants. 

I am surprised by the tone of your letter and many comments, and am as concerned as other tenants to see people blatantly disregarding PHO’s on having guests, and not social distancing. Based on what they see and know, and write to me about, they are seriously concerned about anyone not complying with PHO’s, some may not agree with them, but out of respect for others most comply.

2. You mention “to what extend do I feel responsible for everyone’s behaviour”.  I am not at all responsible for any tenants behaviour, I am not a babysitter, nor do I view myself as a “building cop”, as some other building managers have been described as being. Having said that, I am concerned in all regards about the health and safety of our tenants and our building.  In cases where building management disregards tenants written complaints about lease violations, and safety issues, those tenants can make claims against landlord at RTB just as you have a right to do, for failing to protect them by not upholding our part of the lease agreement. 

It is rather odd that tenants all want management to uphold the legalities and protections offered by a residential rental agreement, until it is them violating them. Then suddenly they view landlords efforts as those of a spy or a cop. But all tenants are given fair treatment and  fair warnings, but in some cases in the interests of others, eventually RTB direction or support has to be sought.  The large majority of tenants often frequently text message me in appreciation of my personal 24/7 efforts of on or off duty issues such as repairs, bike thieves, car break in’s, and the many trespassers that you have witnessed first hand that I have on occasion had to confront and deal with.

You asked why did I take a photo of your girlfriend, usually it would be if I don’t recognize the person, or if the person is not someone that should be on our property or in our building.  I don’t think I was certain who she was at the time, all I knew is she was a non resident and date timed photos are helpful for RTB hearings as tenants often deny most facts.  In a small building, with so much crime around us, some tenants watch for criminals on our property, and most tenants know you and most recognize Nancy as someone that does not live here, and when they see things that cause them to feel unsafe they contact me for possible assistance.

Again on that point of taking photos, when things start going in a bad direction with any tenant, as RTB suggests it is good to take photos or have witness written letters of incidents. My contract says, in part, that I am to report observations and any complaints from tenants to her, I have been in this business long enough to know to not report anything to my boss without concrete evidence such as what RTB suggests. People can forget, my memory is not perfect, and I don’t claim it is, but evidence speaks for itself, and RTB says any photos, any witness statements are best evidence.

So, a couple quick examples would be, firstly in the point you mentioned, your own point #2. You said Glenn said “Tenant had 4 non resident guests in his apartment for a few hours, this was mentioned to management by 2 other residents. The building manager reminded the tenant about the PHO’s.
Then you said, I HAD TWO GUESTS OVER. MY ROOMMATE ROB KRAWLIK AND I WALKED THEM TO THE DOOR. MANAGER REMINDED ME AFTER THE FACT.

We disagree, the day you and I spoke at the window, you agreed there were more than 4 people in your unit.  Now you go back to saying “two guests”,  but the truth is tenant reported to me more than 3 non-residents, and we have photos showing 3 or more non residents.  And, as evidence shows, you and Rob did not walk the ones we are talking about to the door, so your comments imply maybe there were even more than the ones we knew about?  So, your version of events changes from time to time, and at this point still contradicts our evidence.

Second example for now, is the incident at point 5, Jan.1, 11:45 am.
Glenn said report was you hugged a lady outside, beyond the property and got into that the awaiting SUV and we weren’t wearing masks. I shook her hand without wearing gloves, etc.
What I think our letter actually said was, Jan. 1, 2021, at 11:45 am, tenant met a lady that is not part of his household outside the front of our building, he disregarded social distance protocols by hugging her, and neither one was wearing a face mask.  The tenant then got into the passenger seat of the awaiting SUV, and leaned over and shook hands with the driver while neither were wearing a face mask or gloves, nor social distancing.
That is different in regards to where we said you met the lady, and you shook hands of the driver of the vehicle, just a little different but it shows two incidents of not social distancing!

When you and I spoke about this, you adamantly claimed you didn’t recall doing any such thing, you were certain you hadn’t disregarded social distancing orders, but that seems to have changed after I told you we have photo evidence, now for the first time you claim,

I MET A MARRIED COUPLE AND HUGGED THE LADY WHO I WORK CLOSELY WITH. ON FEB. 8TH MANAGER SAID THAT THIS HAPPENED TWO WEEKS BEFORE, NOT FIVE WEEKS. I SAID “NO” BECAUSE OF THE DATE.

Photos are time stamped, and do you think it is wise to hug a lady that is not in your bubble? I don’t understand how you work closely with the lady, when I thought you worked from home?  So, not someone you would have in a work bubble or would that count?

One last point about how our professional relationship has gone sour, which saddens me, but concerning the incident of Nancy being in our building, 13. Feb. 22, 9:23 am: we said Tenant and a female guest seen walking out of his unit, through building front entrance and left the building. If I hadn’t taken this photo myself, and this incident was forgotten by you to point of you saying she wasn’t here, then I don’t look very good in front of owner or RTB, so they say take pictures of everything, and or get written witness statements.

So, you mention,  in referring to Nancy, “SHE WAS VERY UPSET ABOUT THIS WHEN I TOLD HER”, I think that again shows a disrespect for the well being of others, our concerns, and the safety and well being of all of us living here. It disturbs us when tenants are more concerned about the person breaking PHO’s being upset then the safety of your building staff, and neighbours.

Please tell Nancy I was disturbed by her being here, but she is your guest so I am not allowed to tell her that directly, Please tell her because of PHO’s  she was not supposed to be in our building, maybe she had other reasons to not want her photo taken, but how do you think a person in my position would feel? If it helps please tell her I have nothing at all against her, and hold no ill will towards her at all.

After you looked at the email I sent you concerning the incident of your roommate approaching me in the lobby, you downplayed and minimized that by merely saying he is under stress of pandemic, and you now seem to more disturbed about Nancy being upset, then us being upset that she was in our building when she shouldn’t have been. By now everyone should personally know of the PHO’s and how they apply to us.

So as I said It is late now, I hope anything I said to try and help you understand our viewpoint won’t be held against me, just trying to help the situation the best I can under the circumstances.

Regards, _______

Filed Dispute letter to _______

——– Forwarded Message ——–

Subject:	I filed my Dispute
Date:	Tue, 2 Mar 2021 13:06:35 -0800
From:	Brian Ruhe <brian@brianruhe.ca>
To:

Hi _______,

Your letter is much more nicely worded than the Notice, thanks. You do write well, actually. Don’t worry about our relationship being more strained. It may be the opposite of that actually, as a bubble has burst.

I understand the bigger picture and I feel that you’re just doing your job. I don’t take it so personal, now. My worldview revolves around an understanding of the law of karma. It’s OK. I did file my Dispute with the RTB and my File number is: 910031252. 

I also can’t find my original Tenancy agreement from when I moved into #104 on July 1, 2005. I assume _________ has it filed somewhere. I need to submit it and I suppose you do too. Could you please email me a scanned copy, or paper, whatever is most convenient for you? Thanks.

And, I received a paper receipt for the rent for March? Why?

I feel that the real reason for all of this is that I pay $1437 for an apartment that could get $500 or much more, per month.

So, we will see what the adjudicator decides. ‘Til then we can communicate about the regular things, as they come up.

Thanks _______,

Brian

cc: _______

Building manager, threatening to evict tenants who break Provincial Health Orders.

On March 11^th the manager knocked on my door at 10:00 am. I smiled under my mask and said, “Hi”. He said, “Hi Brian. How are you doin’?” I said, “Good” and handed him the sealed envelop with the Notice of Dispute Resolution Proceeding. He said, “Thanks. I’ll give this to ______”. “OK”, I said and that was all. I closed the door.

On Feb. 22, 2021 Nancy walked out of my apartment with her mask on. Out side the front door the manager was sweeping and they exchanged greetings. Nancy continued on and when her back was turned to him I walked into the lobby. Then, he pulled out his cell phone and started taking pictures of Nancy. He was outside the door so he didn’t hear nor see me behind him.

I walked out the door, with my mask on and made eye contact with him saying, “Hi _______! How are you doing?” in a cheerful tone of voice. He replied, “Oh, not too bad”. “OK, see you later” I said as I walked away. End of situation.

On Feb. 23, 4:39 pm, the manager sent a cell text to everyone, all the tenants, saying:

Fyi all tenants. We wish to inform you that we now have a third reported case of coivd-19 in our building. We appreciate the way the tenant is dealing with this and the concern showing towards other residents.

We want to remind tenants of the importance of following current Provincial Health Orders concerning guests and social distancing protocols, and failing to abide by them can jepodize (sic) tenancy in our building. By following health protocols we can hopefully minimize future cases. We hope the best for your health and well being. _______

So. Is he implying that by following health protocols in this building, we can hopefully minimize future cases? What about what people do outside of the building?

I need to read Bonnie Henry’s “current Provincial Health Orders concerning guests and social distancing protocols”, because failing to abide by them can jepodize (sic) tenancy in our building.

This is the same day’s posting at:

https://www2.gov.bc.ca/gov/content/safety/emergency-preparedness-response-recovery/covid-19-provincial-support/restrictions

Below it doesn’t say mandatory. It says “strongly recommended”.

Masks at workplaces and shared living areas

It is strongly recommended that masks be worn in the following areas:

• Common areas in apartment buildings and condos, including:
  • Elevators
  • Hallways
  • Lobbies
  • Stairwells

• Shared indoor workplace spaces, including:
  • Elevators
  • Kitchens
  • Hallways
  • Break rooms

Reporting possible violations

To report concerns around PHO order violations by event organizers, venues or individuals, contact your local government’s bylaw office.

• Local bylaw officers can help follow up on concerns, and engage police departments and WorkSafeBC as necessary

If you are unable to reach a local bylaw office, contact your local police department’s non-emergency line.

NOTE:

For people who live alone, a core bubble is a maximum of two people you see regularly.

What about me? I have a roommate. Can my girlfriend plus one other visit?

Core bubble

For most people, their core bubble is their immediate household. An immediate household is a group of people who live in the same residence. For example:

• If you have a rental suite in your home, the suite is a separate residence
• If you live in an apartment or house with roommates, you are all members of the same household

For people who live alone, a core bubble is a maximum of two people you see regularly.

Gatherings at residences or vacation accommodations

No social gatherings of any size at your residence with anyone other than your household or, if you live alone, your core bubble. For example:

• Do not invite friends or extended family into your residence or vacation accommodation
• Do not gather in your backyard, patio, driveway or anywhere else on your property
• Do not host playdates for children

——– Forwarded Message ——–

Subject:	Re: Thank you for your email of yesterday.
Date:	Mon, 19 Apr 2021 12:39:11 -0700
From:	Brian Ruhe <brian@brianruhe.ca>
To:

Hi _______,

I had no idea that a tenant had verbally threatened then physically threatened you because of his strong feelings of people social distancing and gathering in units in our building in violation of PHO’s, which he claimed management wasn’t doing enough to protect him. I am glad that I and my tenant are obviously maintaining a higher standard than many others as I count each week, about half the tenants don’t wear masks inside the building, but Rob and I do, all the time. COVID places more stress on you than the tenants so I feel that ______ should reduce your stress by her dropping this case against me. To that end, I cc ______, this email, as well.

Since Rob and I are better at following the PHO rules than most tenants, why are you trying to evict us, then? Is it because more money could be made after we leave?

No, you do not have my permission to relate to my tenant, Rob.

I received your email on Saturday but couldn’t respond until today because in 2018 I accidentally phoned you on a Saturday when you were in White Rock and you got very angry on the phone and raised your voice so you, unlike all previous building managers, sent a deep message into my mind, not to contact you on the weekend. When you emailed me on Saturday you didn’t give me permission even to email you back.

If you want to talk, that’s fine. After I received your Notice on Feb 25^th I emailed _______ and ask to talk. It was her mistake not to, because I could have saved her, then you, a lot of your time and effort wasted, trying to evict me. I would have talked to you too, but unlike all previous building mangers, you text and write emails instead of just talking. Since you have shown that anything I say, can and will be used against me, I agree to talk to you when and where you like, if you agree to not record our conversation.

As for my doctor, I gave her your three pages about me but in respect for her time, and our taxpayers’ money, I didn’t even ask for her time to read my 1600+ word defense, which you have. I will contact her secretary and they can decide if it’s worth her time to read my side the story next, before reading your follow up. If that works out, I will give you my permission to contact her, as you asked. Please wait on that _____ and I will let you know asap. But you do have my permission to write one letter to Regine, but not to Nancy.

If ______ and you decide to drop this case against me, I still insist that she allow me to choose my own future roommates. I will still pursue this as a separate case with the RTB, if I don’t win that on June 8^th, if ______ chooses not to respond to me.

You state how caring you are towards me. You don’t want my girlfriend sleeping with me after eight years because you feel you need to be compassionate towards the tenants’ safety? Nancy walks 40’ from the front door to my door. 95+% of the time there is no one else there, therefore, zero danger. When there are other people there, it is the same as them encountering people anywhere else in society. So, Nancy is not endangering the safety of others. My doctor understands this. Do you?

My quiet enjoyment of my life, in this specific regard, is more important than the amount of infinitesimally small risk Nancy poses to the other tenants. Do you agree with that? Do you not want me to sleep with my girlfriend in my own home, _______?

Brian Ruhe

778-232-2282

cc: _______

BC Human Rights Tribunal

——- Forwarded Message ——–

Subject:	Residential Tenancy Branch phone call
Date:	Fri, 7 May 2021 22:49:56 +0000
From:	OHCS Residential Tenancy Office OHCS:EX <HSRTO@gov.bc.ca>
To:	‘brian@brianruhe.ca’ <brian@brianruhe.ca>

Thank you for writing to us on this matter.

A landlord cannot discriminate when deciding who is allowed to live in their rental unit.  The exceptions are if:

• The rental unit is in a building or development reserved for people age 55 or older.

• The rental unit is designated for people with disabilities.

There are certain actions you could take if you are being discriminated against or harassed:

• If it is safe to do so, tell the person that their actions or comments are unacceptable and ask them to stop.

• Keep a written record of exactly what happened and when, and of what was said.  If you have a witness, ask them to put something in writing to you documenting the incident.

• If the discrimination or harassment happens in your rental premises, ask your landlord or the building manager to do something about it.  Put your request in writing and keep a copy for your records.

• If you would like to submit a complaint for Compliance and Enforcement consideration, please review the following information  and complete the intake form within the following link: Compliance and Enforcement.  Please note that the Compliance unit is not an alternative to the dispute resolution process.  Generally, you would first have to go through dispute resolution to prove your case, followed by collecting compelling evidence to show that the respondent is seriously, continuously, or deliberately contravening the Residential Tenancy Laws, or decisions or orders of the RTB Director.

For more information, you may wish to contact the following:

BC Human Rights Tribunal

1170 – 650 Robson Street

Vancouver BC V6B 5J3

Phone: 604-775-2000

Fax: 604-775-2020S

TTY: 604-775-2021

Toll-free in British Columbia: 1-888-440-8844

Website: www.BCHRT.bc.ca 

Additional Resources:  

• Discrimination in tenancy premises – Section 10 of the Human Rights Code (BC) http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01#section10

• Canadian Human Rights Act (R.S.C., 1085, c H-6) Section 3 (1,2,5 and 6) https://laws-lois.justice.gc.ca/eng/acts/h-6/

Regards,

Vicki

Information Officer

Residential Tenancy Branch [RTB] | Office of Housing and Construction Standards
Ministry of Attorney General & Minister Responsible for Housing.

To encourage social distancing, consultation services are not currently available at the Burnaby Residential Tenancy Branch (RTB) Office.  See “office hours“, for more information.

Information, forms and e-service filing are always available on our website www.gov.bc.ca/landlordtenant 604-660-1020 or 1-800-665-8779

May 7th, 2021

Second One Month Notice to End Tenancy for Cause

Brian Ruhe second Notice – 2 of 6 Brian Ruhe second Notice – 3 of 6 Brian Ruhe second Notice – 4 of 6 Brian Ruhe second Notice – 5 of 6 Brian Ruhe second Notice – 6 of 6

Correspondence between Brian Ruhe and Manager

——– Forwarded Message ——–

Subject:	Residential Tenancy Agreement & Addendum to Residential Tenancy Agreement
Date:	Fri, 14 May 2021 09:00:08 -0700
From:	Brian Ruhe <brian@brianruhe.ca>
To:

Hi _______,

I am writing with regards to our dispute File number is 910031252.

I am trying to see what you have already posted in our dispute.

I give you permission to just email anything that you post and anything else relevant. You are required to submit to me, anything that you post, as I am doing that for you, which is the require rule.

This issue is, in your second Notice, you quote my original tenancy agreement from 2005 and an addendum agreement. I wrote to you over two months ago that I don’t have the original agreement from 2005. You claim that I have breached the original Residential Tenancy Agreement so you need to provide that to the RTB and to me. 

Thanks _______,

Brian Ruhe

104

On 5/14/2021 10:24 AM, he wrote:

Hello Brian,

I have received your latest email this morning.

Although it is painful for me to take the time to write you, as I prefer not to have any communications with you, I feel it necessary to reply, to suggest you direct the questions you have asked me to him,  or directly to the RTB.

1. From the outset you mentioned you were doing certain things based on advise from your counsel, so I suggest you direct any questions you have about the process and filing of evidence to him. Furthermore I can assure you that anything I say is based on well documented evidence.

2. I am not in position to give you advise, and don’t need it from you and prefer not to hear any more from you about that, and of your strong comments telling me what I need to do, and your understanding of RTB rules.

3. You have intentionally slandered me in the eyes of Robert and others, and you won’t allow me to write to them correcting your many falsehoods, ie. from the beginning I asked you when did I deny you roommates and caused you to lose rent money, and to date you haven’t answered that question. I for one think the fair thing to do is let Robert have access to the truth, and make decisions about his tenancy based on facts, but as you won’t agree to that, I will remain quiet when I see him or you, if we can’t speak the truth to each other, then I think it is best we don’t speak at all. 

The evidence shows that I spend many many evenings and many many weekends helping you try and find a roommate. You have no concern for the hundreds of hours I spend helping you back then, nor the 200 hours I have spend going through and documenting  many of other your untruths for the RTB hearing.

4. You claim that I have caused you stress and anxiety, yet when you look at the overall situation it is actually you causing me much unnecessary stress and anxiety.  Spending so much time going through and correcting each of your falsehoods causes me a lot of stress. Meanwhile you have been living your life as though there is no pandemic, and that you for some reason are above the laws. 

5. You are making it uncomfortable for a number of us living here, so I ask that you follow the RTB process and limit or discontinue writing me,

6. You repeatedly claim to be following current PHO’s to the letter, and perhaps when in physical view of our building you now are, but I was saddened to see that wasn’t the case, last Monday at approx. 1;30 pm when someone else and I saw you around the corner on Maple Street, just out of site of our building,  talking very closely with a man while neither of you were wearing face masks nor social distancing, and he wasn’t in your household bubble. So, it appears that you continue to jeopardize the health and safety of others in our building.

Best Regards, _______

——– Forwarded Message ——–

Subject:	Re: Residential Tenancy Agreement & Addendum to Residential Tenancy Agreement
Date:	Fri, 14 May 2021 12:51:02 -0700
From:	Brian Ruhe <brian@brianruhe.ca>
To:

Hi _______,

I understand that you would rather not correspond with me but you initiated this process so we sometimes do need to communicate about this. I did take my question to the RTB as well, but my understanding is that you are required to submit to me, anything that you post, as I am doing that for you, which is the required rule.

This issue is, in your second Notice, you quote my original tenancy agreement from 2005 and an addendum agreement. I wrote to you over two months ago that I don’t have the original agreement from 2005. You claim that I have breached the original Residential Tenancy Agreement so you need to provide that to the RTB and to me.

Also, I feel that I should answer your question since you brought it up. You ask, “from the beginning I asked you when did I deny you roommates and caused you to lose rent money, and to date you haven’t answered that question.” It was from Oct. 2018 to Feb. 2019. I went four miserable months without a roommate which cost me about $3,200. The long list of applicants you posted on the RTB shows that many were not accepted, and some not in time. There was a bike mechanic who I really liked but you rejected him because of his credit rating. I am the one fully responsible for the rent and I am responsible for it. There was another you rejected because of one missing phone number, saying that it showed poor character. I believe that this inflexibility was unfair. You were angry at me for calling you on a Saturday and I accepted that you were not meeting applicants on weekends and some dropped out. It was always so easy for 12 years for me to simply choose my own roommates. You complicated and interfered with the process.

You are slandering me and stating lies about me in your statements to the RTB but I am just telling the truth about you.

You state that I am not following the PHO rules very well but half the tenants in the building are worse. Tyranny is the uneven application of the law.

Thanks _______,

Brian Ruhe

104

Email to mamager about second Notice filed

——– Forwarded Message ——–

Subject:	Brian Ruhe Responding to Second Notice of Eviction
Date:	Mon, 17 May 2021 10:00:25 -0700
From:	Brian Ruhe <brian@brianruhe.ca>
To:

Hi _______,

Yesterday I added to our RTB case, the attached approximate 2200 word response to your second Notice. It is in .odt.

I spoke with reps at the RTB and they advised me that I could ask my fellow tenants to be witnesses to support my case, by sliding a paper under their door. You have not posted to the RTB any witness statements, at least you haven’t sent me any, which you are required to do. I would like an assurance from you that you will not post anything to the RTB after my two week prior posting deadline expires. The rules give landlords the advantage that they can hold back, then post things with a one week prior deadline.

You feel that I said some things to my roommate, about you, which were not fair. Please understand that it is not now my intention to send papers to my neighbours. We both live in this building and I don’t want to do that to you.

I received _______ email below so I will just respond to you, not her, as that is her preference.

Thanks _______,

Brian Ruhe

104

On 5/16/2021 4:52 PM, owner wrote:

Hi Brian,

I received your voicemail message and thought it best to reply by email as my time is very limited (I have a toddler at home that I’m busy with pretty much the whole day).

Re: the upcoming hearing to discuss the notice to end your tenancy, please be aware that I’ve been in touch with ______ about the proceedings and that I am in agreement with him about going down this route. We’ve gotten to this point due to your repeated violations of our building rules, including your giving keys out to unauthorized people despite written warnings, and most recently with regards to your not following public health orders during this period of provincial restrictions due to COVID-19.

As evidence shows, we have tried to be understanding and accommodating to you all these years. We value our long term tenants and want to retain them as much as possible. But we cannot tolerate it when one tenant’s behaviour puts our other residents at risk and when the security of our building is compromised.

I understand you wish to defend yourself during the hearing, as you should. We will also do our part to support our case, and we will let the arbitrator decide.

Sincerely,
_________

May 16, 2021

Brian Ruhe Responding to Second Notice of Eviction

File Number: 910031252.

I am Disputing the second, One Month Notice to End Tenancy for Cause, given to me on May 7, 2021 by the building manager.

I deny every box he has checked on Page 2, below the part about Notice served. Much of that, I already addressed, responding to his first Notice. This second notice seems more extreme but if I win this case, my roommate and I have no problem living in the same building as the manager. We are at peace as we believe that we are good tenants so we are not the ones with a problem.

Below, I address each of the approximately 30 points the manger has written.

He writes, “This Addendum states on page 2:” I will respond to those points anyhow, because I’m not sure what I am doing, as this is my first time. Building manger is very experienced at evicting people so I want to counter his points. I asked building manager for an email copy but he didn’t provide it. I will respond to each point by its number.

1. As above, I need to see it.

2. I need to read it.

3. We don’t smoke on the premises. A previous tenant, Robert is 2017, smoked so I evicted him. I admitted that this one tenant, not “at least 2” smoked here. Management was pleased with my decision then, and that matter was settled. Done. Why is building manager bringing this up again?

4. It was the same tenant, in 2017, Robert, who smoked medical marijuana. The owner, ________, requested a letter from his doctor about this but tenant did not provide one. I evicted him and the matter was settled. Done.

#5 states, “Item 11 states Tenant will not use the premises for purposes other than “private residence”.

I never agreed that I can’t work out of my home. Countless people do that and during COVID, Dr, Bonnie Henry and the PHO guidelines encourage many renters to work from home. The wording is vague.

A. I was and am making podcast videos alone, at home, without bringing guests into the home, doing it all online. I’m doing nothing wrong. If anyone else in the building has a podcast, should they be evicted?

B. This refers to a video I made May, 3, 2019. Why is this an issue now?! Manager never said a word about this in two years, no complaints, no warning and now I read it here. I have over 2,700 public videos, since 2011. They began as hundreds of talks from my Buddhism and meditation courses I taught at Capilano University, the Vancouver and Burnaby School Boards, etc. Since March 17, 2013 I began over 1000 videos on 101 conspiracies and I am now a respected part of the global truther community, known around the world, with over 6,000,000 views.

I have always maintained my peaceful Buddhist worldview, never advocated nor incited violence. Of vital importance, is the fact that in all these eight years, there hasn’t been the slightest danger to anyone in our building. I have never had a threat towards me here nor my home nor the building where I live. Not even once has anyone even come to my window or buzzed my apartment with a rude or threatening message. I have had only two very rude phone calls but not from Vancouver. They were from Winnipeg and Pennsylvania. There is zero evidence of danger. Now my main focus is making videos about UFOs and the Grey alien agenda so I am less offensive but more weird. I have given careful consideration all these years to avoid such a problem, by being a nice guy, not being hateful myself and by not giving out my address publicly. I too, want to keep the building peaceful and I have succeeded.

Building manager claims one of our tenants saw me there but there were very few people around so I doubt this. He has produced no witness statements. He refers to several tenant witnesses throughout both Notices but I don’t believe this.

I was the one who called the police on that day, because an unstable young man tore up my sign. I was not charged with anything. I have no criminal record at all ever and I am not facing any charges. I have never been charged with anything more than minor traffic violations. The BC Human Rights Code states, you can’t discriminate against people based on their political views. I am not responsible for other people’s fears. Fear is not a valid reason to evict me, especially irrational fears not based in reality.

C. A tenant saw articles about me? The situation referred to happened on Aug. 19, 2017. That was almost four years ago! Never any complaint from manager nor other tenants. Never a warning. Why mention it now for the first time, ever? Building manger emailed to me May 14, “You have no concern for… the 200 hours I have spend going through and documenting many of other your untruths for the RTB hearing.” 200 hours?! Building manager has spent so much time, maybe going through some of my 2,700+ videos to pick the ones that he thinks make me look the worst. He states, “While wearing a “Hitler style mustache and hair cut”. That is not true. I did not have a mustache at all, in the slightest. Manager states others were yelling things like, “we know where you live in Kitsilano”. That is not true. No one said that.

Manager states I have “no concern for others”. The opposite is the truth. I have made personal sacrifices, even with my reputation, because I am concerned about everyone in the world.

D. See B, above: Of vital importance, is the fact that in all these eight years, there hasn’t been the slightest danger to anyone in our building.

E. My address stated as “Kitsilano” encompasses over 40,000 people so that is vague enough. Also, B, above.

F. Correct. There is nothing wrong with that.

G. This is not true. It is not illegal to organize anti-mask protests. That is freedom of speech. I did not provoke violence in our community. Another untrue statement.

H. Manager is putting words in my mouth but I have free speech. I follow the PHO rules in my building, regardless of my uncertain views on masks, etc. What business is it of the manager, what tenants do out in the world?

I. My “home studio” is my computer and microphone in my bedroom. It does not interfere with my roommate. It makes no difference what such past people wrote. That does not impact upon my tenancy, now.

J. I don’t remember. I may have included my logo but this is of no concern.

K. “Tenant has repeatedly, blatantly, and deliberately violated PHO’s to the extent of putting health and safety of others at risk.” This is addressed in the first Notice. This is not true. Since manager gave me a warning on Feb. 8^th, manager has witnessed me and my roommate wearing our masks all the time, within the building, while he has clearly witnessed half the tenants not wearing a mask at all. Tyranny is the uneven application of the law.

L. This is not true. I don’t know who posted such a notice.

M. I don’t know who posted such a notice. Manager blames me, unfairly, while he doesn’t try to evict other tenants for COVID violations.

N. I follow the COVID PHO rules in the building. Manager should not be telling people what they should or should not do outside the property, beyond his job.

O. This is not true. I did not and do not have such meetings in our building or at my home. We met elsewhere in Kitsilano, in accordance with the COVID rules at the time. It is not the manager’s job to tell people what to do, in this regard.

P. That was not such a meeting as my group met every other Thursday and that wasn’t a meeting day. That was just some friends over due to Christmastime. When we were allowed to have meetings in the past, I never held them for, “controversial and offensive activities”. I’ve always been a good, quiet tenant for 16 years. Always paid my rent, helped foil bike thieves outside our window, never had one complaint from another tenant to me, no loud parties, no problems for others.

Q. I was not “mocking PHOs”. Again, manager has spent 200 hours of his time on this RTB case and watched many of my videos from my past and he exaggerates to build a false case against me.

R. What do all these videos of mine have to do with my life in the building and the safety of the tenants in the building? Manager does not explain the meaning of his points. This statement of his, is not true. I was not trying to incite and provoke violence.

S. This is the exact same May 3, 2019 situation which manager raised in point B, which is addressed above. If I have catchy titles on my videos, that does not affect my tenancy.

T. Again, if manger has spent 200 hours on this case, that’s enough time to do fault finding, as I am not perfect. He is not doing this to other tenants who do not have low rent to pay after 16 years, like me. Tyranny is the uneven application of the rules.

6. This was dealt with and resolved in 2017. Why is this brought up? I did have short term rentals but I stopped doing that permanently in April, 2017. Two weeks after I stopped this, I received an email, but not a proper written warning, to stop this. But I had already stopped before any request or warning was made. It is not true that “tenant admits to numerous violations after receiving these written warnings.” Because of this, I made the mistake of agreeing to let the manager approve any new roommates. We never did that since 2005. That is now the second part of my dispute, as these eviction notices now indicate that manger is not expected to treat me fairly. I loose $800 per month if manager refuses to allow any new prospective tenant to move in.

7. Again, manager has not submitted this Residential Tenancy Agreement for us to read item 15.

A. As in #6 above, this was dealt with and resolved in 2017. Done. I stopped short term rentals in 2017. For the next part, in October 2018 I wanted a friend, the John, named, from New Westminster, to rent out my vacant room, to have an interview with the building manager. I let him stay over a couple of nights to make it convenient for manager to see him. Manager turned down his application and owner gave me a written warning not to have such people staying overnight. Done. Why bring this up again? Also, a year later, manager said it is OK if a friend stays overnight as long as they are someone who I know.

Nancy is my girlfriend, as described in the first Notice. Since 2012, all building managers did give prior permission for Nancy to have her own key. Done. Why is manager bringing this up again?

B. This is not true. Manager does not specify what I have done wrong.

C. This was already addressed after the first Notice. Why is manager bringing this up again?

D. This is not true that, “tenant gathered with numerous people on numerous occasions”. I admit to Dec. 11, 2020 in the first Notice.

E. It is not true that I gave “out building keys on several occasions without consent”. Only my girlfriend had keys since 2018 and she did have consent. “After being verbally and formally warned numerous times in writing that this would end tenancy” is an exaggeration. This is just about me trying to rent my room to John, in Oct. 2018 and I feel that they use this to build an unfair case to lead to try to evict me. There were not “numerous times” as this was one lone incident.

In conclusion, I know that I have been a good tenant for 16 years and there is not fair enough reason to evict me.

Brian Ruhe

The adjudicator decided on June 8th to evict me and my roommate by June 30th. The owner was on the call at the time but she didn’t give us another month to look for a place so we had to look right away. I asked for an extension but she didn’t reply until June 15th:

——– Forwarded Message ——–

Subject:	Re: I have cancelled my request for an appeal
Date:	Tue, 15 Jun 2021 16:08:22 -0700
From:
To:	Brian Ruhe <brian@brianruhe.ca>

Hi Brian,

Thank you for your email. I’m glad to hear that you decided not to go through with the appeal, and yesterday we also received the RTO’s decision to dismiss your application for judicial review which precludes an appeal in any case.

I would like to reiterate that this whole process of ending your tenancy was never a personal matter, but strictly to keep all our building residents safe and secure. We have always valued our long-term tenants, and over the past 16 years of your tenancy we have tried to work with you despite the various issues that arose due to your actions. Unfortunately during this pandemic, the issues became too many to tolerate and you gave us no choice but to start down this road which has now resulted in your end of tenancy.

I have carefully considered your request for an extension of the use and occupancy of the suite until July 31st. I am willing to grant it, but only with the following stipulations:

1. That you send a written acknowledgement and apology to Glenn for the great stress you have caused him during these past 3 months. He has been especially upset by the claims you made against him to the RTO, your roommate Robert, and the various people you asked to write support letters.

2. That you and Robert agree to conduct yourselves in a civil and peaceable manner during your remaining time in the building. This means that you, Robert or any of your guests shall not cause any disruptions that affect the quiet enjoyment of any other tenants, ________, nor cause any damage to the building and property. If, at any time before July 31, you, Robert or your guests are found to be in breach of this stipulation, we will ask you to move out immediately.

3. That you make sure your unit is properly clean and empty of all belongings when you move out, and that all building/suite keys that you, Robert, or any one else may have are returned to _______.

If you can comply with these three items above, then we can allow you to stay until July 31st, 1:00 PM.

Please let me know if you agree to the above and I will draft up an agreement that you can sign.

Again, it’s very unfortunate that it has come to this. I wish you luck in finding a new and suitable place.

Sincerely,

_________

——– Forwarded Message ——–

Subject:	The Coviction of Brian Ruhe
Date:	Thu, 17 Jun 2021 14:24:21 -0700
From:	Brian Ruhe <brian@brianruhe.ca>
To:

Hi _________,

No. I will not send a written acknowledgment and apology to _______ because of the great stress he caused me during these past 3 years. What kind of a landlord would require a tenant to apologize to a manager who harassed him for 3 months and spent 200+ hours on his case, to the point of putting him out on the street with only 22 days warning because he did not like his politically incorrect views. Much of the 61 pages of charges against me deal with my views and activities that have nothing to do with COVID safety, which is the grounds on which the RTO upheld the eviction. They may seem offensive to some but my views are what they are and I will not alter them under threat. Are correct political views a requirement for problem free tenancy?

So you will allow an extension to July 31 if I sign a paper with your conditions plus an apology to the manager that worked hard to evict me on weak grounds. This sounds like a threat or at least an attempt at humiliation by requiring me to apologize to the man responsible for evicting me. The problematic personality is the manager and yourself. It would have been far more decent to have given me to July 31st, from the moment of the adjudicator’s decision, considering my respectful and problem free tenancy for 16 years. We would have stayed, for the extra time, but now, we each have found a new place, for just before June 30th so it’s too late now, to stay.

I have been especially upset by his claim that the reasons for his actions were to protect the safety of himself, _______ and the other tenants. Even staff at the RTO agreed that the reason why you evicted me is because I am only paying $1,437 per month for a 2BR apartment that could fetch over $2,000. _______ and you also accused me of violating COVID rules and that I seriously endangered the safety of the residents. Three lawyers at the Tenants Resource and Advisory Centre and the Community Legal Assistance Society almost chuckled at how absurd it was for _______ and you to think that my girlfriend, who _______ knew for over four years, endangered the residents by walking 42 feet from the front door, to my apartment, with her mask on, while not passing anyone over 95% of the time.

I will behave the way I always have for 16 years and Rob will be his usual self. We plan to take good care of the space and clean it up before we go.

A month after your first eviction notice, I consulted with four Buddhists monks in Canada, Thailand and the United States, about what to do about you people. I explained this verbally to Roy, in more detail. All five of us agreed not to invoke the higher realms. We decided to leave it to the law of karma and I am entirely satisfied with that.

Goodbye,

Brian Ruhe

***************************************************************

Brian Ruhe 

____- and_____  –  June 4, 2021

letter to owners parents

Vancouver, BC

Dear ________ and _____,

I am contacting you because I believe that _______’s behaviour is unacceptable. I have been renting from you for 16 years at ______. and I have always been able to get along well with you and _____ and ________.

On Monday at about 3:30 pm I saw you as you passed by ______ and I, while he served 50 new pages to me, in his unfair attempt to evict me. I wanted to talk with you. Did you know he is trying to evict me? _______ is busy with your granddaughter so I think she doesn’t know what’s going on at our building. I believe she must listen to you. I emailed and also left ________ two voicemails since my first eviction notice, Feb. 25^th but she only gave me a brief email reply, once. She wants me to deal with _______. Below is one of my emails to both of them.

_________ only hears _______’s side of the story but most tenants I have talked to dislike _______. He pushes the rules too hard, like a bully, and intimidates people and threatens them with warnings and possible evictions. Now, you can see for yourself, in the 61 pages he handed to me, enclosed, he has gone too far with his extreme personal attacks upon me. Even Roy says it must be personal.

Everyone I have spoken with, who was here when Roy _________ was the building manager, liked Roy, way more. I ask that you and _______ bring Roy back. I met in person with Roy on May 26^th and I said he should come back. He said he manages a small building for you and that he could manage another one.

I feel that _______ is damaging your family’s reputation as he works for you. I am being honest with the RTB but ______ is not. We have an adjudicators meeting this Tuesday, June 8^th at 11:00 am and I am fully prepared for it. All of this will be on the record if the meeting goes as planned.

I have always trusted your family.

Thank you for your understanding,

Brian Ruhe

**********************************************************

June 4, 2021

Response to building manager’s 50 additional pages given May 31

Part 1 of 2

Response to building manager’s 50 additional pages handed to me on May 31st, after my 14 day time threshold had passed. That was the first time I saw those 50 pages so I request permission from the adjudicator, please, to submit below, my response.

I begin my response referring to LANDLORDS EVIDENCE INDEX,

SECTION 2

I assume the purpose here is to establish a pattern of problems which justify my eviction. There is no such justification. All of these issues were dealt with to the owner’s satisfaction and my current roommate has been here for over two years and these issues no longer exist. This is a waste of energy but I will respond. Page 2, regarding the Air BnB that I had, what is vital it that an Air BnB guest who was student doctor from Ontario, complained to Air BnB about my views in my videos. Air BnB phoned me and completely deleted my account with them in one day, TWO WEEKS BEFORE the April 26, 2017 warning given to me by the owner. I was honest when I told them that I didn’t have an Air BnB because I did not at the time of the very first written warning about it.

Therefore, owner was unjustified, with page’s 3’s statement, point 2, “unfortunately our trust in you has been seriously eroded”. I was honest and I shouldn’t have signed the agreement taking away my power to choose my own roommate, as that has nothing to do with a past Air BnB anyhow. For four years now, there in no Air BnB so why evict me now? Makes no sense.

Page 3 point 3.

It is questionable why people should have to give out so much personal information to manager if they are my tenant with no relationship to manager. I did comply with this to owner’s satisfaction, so that’s done.

Point 4.

I was adjusting to the new rules after 12 years and I evicted that roommate because he still wanted to smoke. This was resolved to owner’s satisfaction and our correspondence shows how well I communicate and try to cooperate in good faith with the management.

Point 5.

This is about a discussion about a prospective roommate that didn’t even move in. This is so trivial. Owner’s statements are misleading. Abhishek intended to stay long term, not “a revolving door”. He later moved nearby and became my rep. at the TD Bank on 4^th Ave.

Point 6 and 7.

This mixes two different situations.

First, in my reply letter which is not submitted here, I explained the situation to owner’s satisfaction regarding Paul and this matter was resolved. There were extenuating circumstances as Paul was in Toronto and flying out very shortly after. There wasn’t enough time and I later admitted that I made a mistake and this matter was done with.

A more significant problem was the 2018-10-09 2:23 PM situation. This is already brought up in my previous submission posted here on the RTB titled, “Brian Ruhe Responding to Second Notice of Eviction” from May 16, 2021. Manager is trying to build a case against me that I am giving out keys to people in such a way that endangers the security of the building. This is not true. I did so in situations where I felt it was polite to not inconvenience people while they were hoping for approval to move in. These are old matters and not any issue in the past 2.5 years. During that Oct. 2018 situation with John, MANAGER TOLD ME, “YOU SHOULDN’T HAVE GIVEN KEYS TO JOHN BUT IT’S ALRIGHT IF NANCY HAS KEYS AS SHE HAS BEEN YOUR GIRLFRIEND FOR YEARS”.

Point 8. Owner later agreed to lowering time commitment to four months if it necessary. She refers to asking price of $950 but my current roommate pays $815 as we have always split the cost 50/50 even though I have it fully furnished.

Point 9.

This is about John again, described above in Point 6 and 7 and my previous submission posted here on the RTB titled, “Brian Ruhe Responding to Second Notice of Eviction” from May 16, 2021. My comments in my email quoted here, speak for themselves and I stand by them. Manager and owner make such a big deal out of one voicemail by John where he forgot my last name. John is in his 70s, with OCD and forgetful and I later wrote to owner, with the witness, who has known that we were friends for 18 months. I never made any claim that we were close friends. John just knows me, even today, by my first name. I feel that dwelling on such minor details borders on harassment against me. Because they refused John, I went four months without a roommate and lost about $3,200 in rent plus had depression and loss of sleep. I felt they were trying to starve me out so that I would leave the building.

Point 9 B.

The final and very important COMMENT is not true. Manager states, “And after that, on Feb. 14, 2021 he gave keys to his “friend” Nancy.

This is false. As stated in my first submission in this case, manager has known that Nancy is my girlfriend since he started working here in 2016. He knew she had keys then and never objected. As stated above in Point 6, in Oct. 2018 he reaffirmed that my girlfriend Nancy has permission to have keys.

When he was in my unit with my girlfriend when they first met in 2016, manager leaned in close to Nancy and said, “You know what I like most about Brian?! His girlfriend!” which felt creepy, to both Nancy and I.

Manager writes, “Building manager and previous building manager, “Roy”, dispute having any prior knowledge or granting permission to his friend having a key.” As explained above, this is not true regarding the manager. I phoned the previous building manager Roy, and Nancy, on June 2, 2021 regarding this issue. Nancy stated that I did not give her keys until 2015. There was no issue to me giving Nancy keys in 2015 as other tenants gave keys to their partners (manager himself later told me this was the situation, during his time). I did not ask for permission and Roy never said anything. Roy did not verbally, nor in writing, ask me not to give out keys to my girlfriend, while he was manager and Roy did not deny this on June 2, 2021.

Point 10

I do not get any supplemental income from my current roommate.

Owner writes, “…the previous arrangement where you allowed anyone to move in at your discretion. This past arrangement is what caused the problems that led us to the present situation now.”

This not true. Since 2005 I had roommates who were easy to get and there were no problems. My witness letters attest to this. The problems started because of the new policy.

Owner’s written statements are almost always based upon what the manager has told her, as she is not here. Owner writes, “Some of the people you allowed to move into your suite caused disturbances and conflict with other tenants in the building, who reported feeling uncomfortable or even threatened when they entered common areas, such as the laundry room and hallways.”

This is not true. I certainly don’t believe this. If this is true, then why didn’t the management ever once, in all these years, bring this to my attention at the time?! I have heard nothing. None of my roommates ever reported such a thing. I stopped Air BnB in 2017 so that no longer applies but even then, there was no threatening behaviour. I feel that this is consistent with many aspects of this long case against me, of attempted character assassination against myself and I agree with my roommate Rob’s letter and I believe a wise decision will be made in our case.

Owner writes, “Their credit rating is not a make or break factor, since you are ultimately responsible for the entire rent amount whether they pay you or not.”

But this contradicts the actions of the manager where he admitted that he turned people away for having a poor credit rating. I lost a lot of rent money over this from Oct. 2018 to Jan. 2019.

Point 11.

Manager writes heading: KEYS GIVEN TWITHOUT PERMISSION (sic)

This is more case building and character assassination as this reference has nothing to do with keys! It was asking about guests, not handing them keys.

Manager writes, “After that, on Feb. 14, 2021, Brian gave access keys to his “friend”, Nancy…” This statement is false. My girlfriend Nancy has had keys for years and manager knew it before he wrote these words, as he gave permission in Oct. 2018 if not before and again. Just his use of quotations with “friend” is insulting, misleading, harassing and character assassination.

This completes my response to SECTION 1 and SECTION 2. This is now uploaded to RTB and I will continue to respond to the remainder in a separate upload, as this is so long.

More notes regarding my case.

The arbitrator, Derek E. Tangedal is at:

http://canada.landoffree.com/employee/derek-e-tangedal

He made a quick decision against me in 35 minutes, without even reading my case.

I need to point out something which is seriously not true in his Decision.

On Page 3 it states at the top:

“Despite being warned by management several times, tenant continues to invite guests into the building and his apartment unit.”

This is not true. Also no one said this at the meeting or I would have denied it. The adjudicator, Derek Tangedal is just copying what was printed by the agent but it wasn’t discussed nor agreed upon. I never agreed that I did that. I didn’t do that, other than my girlfriend, as I explained in writing.

There were no verbal warnings and no written warnings. He produces no papers of written warnings because there were none.

I realize he says his decision was based on just one incident but that is unreasonable on the face of it, without me ever getting any warnings. Since he copied that paragraph into is decision he is accepting it but it wasn’t discussed.

Also Derek Tangedal didn’t even read or consider anything I uploaded. He just started with the managers statement, then made a quick decision within the 35 minute call.

On June 10 lawyers Robert and Zuzana from TRAC called at 2:25 for 45 minutes.

They said I could pay $200 to file a Judicial Review at the BC Supreme Court, plus pay $80 to apply for a Stay of Order of Eviction.

They give the landlord 21 days to respond.

Then it goes to a BC Supreme Court Judge. A judge doesn’t give a new hearing. He determines if the decision was patently unreasonable or procedurally unfair.

Then then loser has to pay the court costs which could be $4,000 – $6,000 unless, if takes a longer time, it could cost more. This is the big deterrent!

Robert thought my case was OK on both counts – patently unreasonable or procedurally unfair, as I recalled the adjudicator meeting for them. They know Derek Tangedal and he has a reputation for making quick decisions based upon one piece of the evidence. They chuckled about him, as they know he is unfair.

The RTB likely won’t rule in my favour.

Even if I win at the BC Supreme Court, the judge just sends the decision back to the RTB for another hearing and I could still lose.

There is a significant risk I would lose. Plus the stress.

He said I could think it over and call them.

I explained that I am controversial with what I do and I have criticized int’l Jewish power. I explained that manager has photos of me with a Hitler mustache from 2016. Robert said judges are people too and it could effect their judgment.

I think I should give up and ask the landlord for a one month extension. I can still move out in the middle of July and pay for two places to reduce my stress to have more time to pick a good place and to move my belongings.

RTB 604-660-1020 (Lower Mainland)

Call Ana TRAC 604-255-3099 ext. 230

Drew – Vancouver Tenants Union 778-798-6548. Said it’s not BC law. I didn’t break a lease agreement. Offered to meet me Friday afternoon.

Ph TRAC ask about getting a lawyer.  Also: TRAC, First United, Carnegie

https://judicialreviewbc.ca/your-question-has-been-submitted/

I applied to them. CLAS Community Legal Assistance Society

Community Law Program

You can call us directly by calling 604-685-3425 or 1-888-685-6222.

info@clasbc.net

https://clasbc.net/intro-to-judicial-review-glossary-of-terms-clas/#LetterJ

I emailed and spoke, June 9th

Adjudicator made his decision after I said that “I wasn’t clued in to the PHO rules so that was my mistake. I admit it. I admitted to having two guests over on Dec. 11, 2020. But he didn’t read my written response nor did I have time to think or say that manager reminded me later, on Dec. 18th about PHO rules about guests. I said then, that my understanding was that this did not affect my tenancy. Manager said, “But it is the law. I wrote that I was uncertain if the PHO guidelines are actually the law. I didn’t know. Manager did not say at that time, that this would affect my tenancy. He gave no verbal warning and no written warning. At that time I said that I thought that the police cold fine me $230 but that this wasn’t a tenancy issue.

I have followed the rules since then and didn’t have people over, since. I feel it is too extreme to evict me as I have been following the rules the past six months. The motive is they want to raise the rent after 16 years so this should be taken into fair consideration. All of my written statements were not even considered, nor all the false statements of the manager.

During our meeting with arbitrator, Mr. Tangedal from 11:00 am – 11:35 am June 8th (File number 910031252) the building manager said: 1) That I was having mental health problems 2) That no witnesses would testify due to fear of me.

1) The building manager lied because I have not shown any signs of mental health problems. 2) I have always gotten along with the other tenants for 16 years. They do not live in fear of me. Manager has lied about me in so many statements in this case, that is grounds for stating he is lying about even having any witnesses at all. Adjudicator did not even read the rest of my case.

Building manager slandered my reputation and could have influenced adjudicator to evict me for June 30th.

On June 8^th we met for 35 minutes with the adjudicator, Mr. Tangedal. He decided to evict me based on me admitting that I had two guests over Dec. 11 and I broke the PHO rules. I said I would appeal this. He confirmed that my rent was $1437 for 2BR.

I argue that his decision was based upon fraud. Because, we all agree to tell the truth and the whole truth but ______ lied under this oath. ______ said that lately I have had mental health problems, which is not true. There has been none. So he could not have witnessed any and no other tenants could have either. If he means my videos that is not true either. He negatively influenced the arbitrator, therefore this is fraudulent.

He seems very likely he was reading the case for the first time so was unfamiliar with all the lies and distortions Glenn wrote. He likely didn’t even read the rest, like he was in a hurry.

_______ also said that witnesses refused to write statements or be present because of fear of Brian Ruhe so this is another lie under oath and it misleads the adjudicator so the decision was made fraudulently.

Adjudicator made his decision after I said that “I wasn’t clued in to the PHO rules so that was my mistake. I admit it”. But he didn’t read my response nor did I have time to think or say that manager reminded me later, on Dec. 18^th about PHO rules about guests. I said then, that my understanding was that this did not affect my tenancy. Manager said, “But it is the law”. I am uncertain if the PHO guidelines are actually the law. I don’t know. Manager did not say at that time, that this would affect my tenancy. He gave no verbal warning and no written warning. I have followed the rules since then and didn’t have people over.

The above ideas were in my written response but he didn’t even get that far.

****************************************************************

The building owners are the ________ family. _________ is the daughter and her parents are _________ and __________ .

At about 2:45 pm on May 31, _______ came to my door and stood in the hall and talked with me for an hour. He said he will bring three witnesses on the phone on June 8^th. He never brought any witnesses because he didn’t have any.

I emailed RTB that building manager filed papers after my 14 day deadline. He has made many false plus misleading statements about me in 50 additional pages. I requested permission to submit a response to his latest accusations. Our whole case was 100 pages long.

1) On June 1, I left a voicemail for the owners mother.

*******************************

Manager said I knocked on the door of three women to invite them for tea, one on the second floor – a flat out lie! I never did that. He said I wouldn’t lie would I? I said no. So this is psychological abuse. He was bullying me and lying and being manipulative so that I would want to move out.

He said he will write to all the people in my letters. I said go ahead. He said do they know about my other activities and views? I said yes.

Owners mother walked past us and he said he never talks with her and she doesn’t talk with him. This is an opportune sign. He says _________ listens to her mother and changes her mind because of her. If _______ is not leading me into a trap, I feel that I can write to her parents. But, I want all of this on ________’s record and I want to be able to use it for videos. Put it all on record.

He said if I’m not happy here, why not move into Roy’s building (!) I said I am happy and so is Rob. We don’t have any problem with you. We’re peaceful.

The building manager is absurdly self centred to suggest that I should leave my home, leave low rent, I have earned after 16 years and because of him. My happiness is not dependent upon the building manager. I have very little interaction with him and don’t think about him much. I am happy.

He said Roy has to walk on the other side of the street when he passes by the building because of what people think of him in the building. This is a lie. Now he is defaming his predecessor. His face didn’t seem to believe me when I said that Roy needed to make more money to support his mother.

He said tenants were upset with Roy for leaving 15 cigarette butts in front of the building.

He said why don’t I go live in Roy’s building? That’s ridiculous. Why should I leave low rent after 16 years?!

Roy’s April 27 letter says he didn’t give me permission to give out keys – he didn’t ask me not to! And didn’t give any verbal nor written warning.

He did not say short term rental could lead to eviction, he said that it is illegal but at that time, in 2016 the law was uncertain about what to do about it.

On June 2, I phoned Roy at 10:15 am and talked for 15 minutes. He said that the RTB are professionals and they can see what is going on with these cases and they usually favour the tenants.

I told Roy what _______ said about him and gave Roy my support saying that he provided much better morale than _______. He felt it was OK if I want to bring the envelop with the papers to the owner’s mother. I did so.

On May 26 at 2:15 pm I spoke with Roy for about 30 minutes about my case. He was walking in front of the Catholic Church on the north side of the street. He will talk to the owner and he said he is managing one building and he could manage another. I asked him to come back!

Tyranny is the uneven application of the law. In the dispute, the manager objected to me working from home. A friend wrote:

Hi Brian,

It is not like you had or have a business with clients coming and going from your home.  You have an online show.  In our house, our landlord had to deal with a tenant who was bringing clients into her apartment for therapy.  He argued with her that his premises are not zoned for a business such as that.  He was concerned that a client of hers could fall and then he would be sued.

Here are a few articles and stats regarding working from home.  I found one for 2018 before Covid.

https://www.investmentexecutive.com/news/research-and-markets/statscan-reports-numbers-on-working-from-home/

https://www150.statcan.gc.ca/n1/pub/45-28-0001/2020001/article/00026-eng.htm?HPA=1

https://bc.ctvnews.ca/nearly-5-million-more-canadians-are-working-from-home-and-many-like-it-surveys-1.4903045

Take care,

Diane

May 7

The manager hand delivered second Notice to end Tenancy

I spoke with TRAK and they said manager is just trying to get rid of me. They said I need to get advice from RTB.

I talked with Vicki at RTB and she sent me two emails. She said:

1) I should use form 42T to request an amendment to add this new Notice to the temporary email to add it.

2) After that, contact the BC Human Rights Tribunal about Discrimination (against my views) & Harassment. If I win on June 8^th drop it, unless discrimination persists.

3) Then, if so, ask RTB for a Request to Compliance and Enforcement Unit at RTB – after the dispute is won.

If the HRC is useless, as many say it is, rely on 3) above and consider using higher realm powers if necessary.

April 25

Building manager told roommate that another problem with me, is my views.

April 26, 2021

8:56 am

I walked to the building wearing a mask and saw building manager not wearing a mask, mopping the lobby floor. I walk by in a cheerful tone saying, “Hi ______.” Building manager turned his head left and looked me for the first time and said, “Hey.” This was when I realized that he wasn’t wearing a mask.

Diane & Dave:

I and my husband are the two people named below in item #5 of the Notice sent to Brian Ruhe:

5. Jan. 1, 2021, 11:45 am:

Tenant met a lady that is not part of his household outside the front of our building, he disregarded social distance protocols by hugging her, and neither one was wearing a face mask. The tenant then got into the passenger seat of the awaiting SUV, and leaned over and shook hands with the driver while neither were wearing a face mask or gloves, nor social distancing. This was in open view of tenants who make huge sacrifices to abide by current PHO’s put in place by Dr. Henry and BC Government to prevent and limit the spread of Covid-19. That behaviour was very disturbing to onlooking tenants and caused them stress, and to be increasingly nervous to go into building common areas, and common laundry room.

It is true that this is what happened with the three of us. We were beyond the property line so does the building manager have the right to monitor the behaviour of all the tenants in his building anywhere in the city and then to blame them for hugging someone anywhere? Does he have the right to blame them for any Covid violation anywhere outside the building that he manages?

-The RTB suggested that I could ask for witnesses in the building in my own defense, as they have seen me wear a mask every time they saw me. The RTB said I am allowed to slide a letter under the door of my fellow tenants, explaining my situation and asking them to be my witnesses.

Paul Fromm’s advice

My building manager gave me the second notice of eviction, this time about my views and videos. This means I can write more powerful statements based on those 30 accusations. I can write that I am a respected part of the truth community, not someone inciting violence, he said.

Paul Fromm said: that the BC Human Rights Code says you can’t discriminate against people based on their political views. In other provinces you can. I am not responsible for other people’s fears. Fear is not a valid reason to evict me. I have no criminal record at all and I am not facing any charges. I have never been charged with anything more than traffic violations.

Also, in addition to refuting the charges, discuss your long term tenancy, faithful payment of rent, neatness and care for the unit and quiet behaviour.

Panel and Tribunal decisions are often made on the balance of probabilities.

Final Decision

On June 8th we had the arbitration meeting by phone with the arbitrator, Derek Tangedal, and the building owner and the building manager. The arbitrator didn’t even read my case and he quickly decided against me. His decision is posted here as a PDF:

I appealed the decision and on June 11th, another adjudicator, D. Holloway, upheld the decision.

I had to be out by June 30th which was just 19 more days. I managed to find another place to live and so did my roommate but it was a very difficult and stressful time!

In conclusion, I spoke with three lawyers while getting help with my case and they all said that they have never heard of anyone in Canada ever being evicted from their home for a Covid violation. Mine was the first case. If you hear of any other cases, please let me know, at brian@brianruhe.ca .

Brian Ruhe