top of page
Search

I Filed Another Action Against Barrie Housing

Hello friends and followers,

Firstly, Justice Fraser has still not made a decision about the defamation case.


Secondly, I’ve filed another lawsuit against Barrie Housing today, but this time, it's for Civil Negligence, Breach of Contract and the Housing Services Act and Fraud by Concealment. However, I might end up discontinuing it and turning it into an amended Counterclaim in the defamation action…


Earlier this week, I emailed Barrie Housing’s lawyer and asked for consent to amend my counterclaim, as I wrote my Counterclaim back in October 2024 and back then, I had no idea how to write one. I didn’t plead anything and I didn’t include any causes of action:



By yesterday, I still hadn’t heard anything from Barrie Housing’s lawyer, and if he responds to me, 90 percent of the time he responds within 24 hours, and 60 percent of the time he responds within 15 minutes, including on Sundays, holidays and sometimes at 6:30AM. So yesterday, I filed my Statement of Claim and today I filed my Affidavit and then served them to Barrie Housing: Here’s a copy of my Statement of Claim:



And here’s a copy of my accompanying affidavit:



Barrie Housing’s lawyer responded right away:



And here’s my response:

Because the new action I filed today is very similar to the derivative action and the defamation action, which are/were case managed by Justice Fraser, It'll likely be granted case management under Justice Fraser, even if it's opposed by Barrie Housing.
Because the new action I filed today is very similar to the derivative action and the defamation action, which are/were case managed by Justice Fraser, It'll likely be granted case management under Justice Fraser, even if it's opposed by Barrie Housing.

And then I amended the first page of my affidavit, served it, and I’ll be heading to the courthouse shortly to re-file the amended version (which is just the first page).


I Almost Wasn’t Allowed to Commence It

When I went to the Barrie courthouse yesterday to file my Statement of Claim, the Service Desk almost didn’t let me file it. At first, they said that because my derivative action was dismissed, I wasn’t allowed to file a new action. But then I showed them Justice Fraser’s last endorsement, dated April 29, 2025, which states at paragraph 17:

“…She has recourse available through the courts if she wishes to bring an action against Barrie Housing…”

What I Think Will Happen

Although I have very little knowledge about legal proceedings, I have been reading quite a bit of other defamation and anti-SLAPP cases over the last month.


I think Barrie Housing’s defamation action will be dismissed and if I’m allowed to amend my Counterclaim, then I think my amended Counterclaim will proceed forward.


If it does, I’ll wholly discontinue today’s new action, upon consent that Barrie Housing won’t go after me for costs for it. You’ll notice that in my ‘Relief Claimed’ section of my Statement of Claim, I’ve requested that there be an order for no costs (which, what I understand to mean is, that if any of my causes of action fail, I won’t be ordered to pay costs for them). Considering how I don’t have legal counsel and I’m learning how to navigate the judicial system completely on my own, I think there’s a half-decent chance I may not win all my “causes of action” simply because I’m not sure how a judge will interpret section 53(2) of Ontario Regulation 298/01, although I think its safe to say I’ll win the civil negligence claim (because of what Justice Fraser said in paragraph 17 of her endorsement dated April 29, 2025, about bringing an action for recourse). In my opinion, the language used in s. 53(2) of O. Reg. 298/01 is very clear:

“(2) Subject to subsections (5) and (6), if the service manager determines that the geared-to-income rent payable by the household should be reduced as a result of the change in income or assets, the rent reduction takes effect on the first day of the month following the month in which the change occurred.  O. Reg. 298/01, s. 53 (2); O. Reg. 309/07, s. 22 (1).”

And I think the fact that Barrie Housing refuses to explain how it calculated my Rent-Geared-to-Income (RGI) rental rates demonstrates fraud by concealment. It’s concealing how it calculated my rent, so I will not know the specific dollar amount it still owes me.


Anyways, I just wanted to give ya’ll an update about how my legal stuff is going.


Have a great weekend!


Leah

Comments

bottom of page