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Leave For Derivative Action Rescheduled

Writer's picture: Leah DyckLeah Dyck

Updated: Feb 5

Today was the day my notice of application for leave to commence a derivative action against Barrie Housing was supposed to be heard. Just like my motion to dismiss, this hearing date is also being rescheduled, but at least I have a date to have it heard on. It's been rescheduled to March 4, 2025.

The motion judge for today's hearings was Justice Annette Casullo. It was a long day for all of us. We were supposed to start at 9:30am but didn’t start until 10:21am. There were also 16 cases being heard today and my case was number 14 on the list. Here's the endorsement for the rescheduled hearing date of March 4th:



The Rental Housing Enforcement Unit

Over the weekend, I discovered the Rental Housing Enforcement Unit (RHEU) at the Ministry of Municipal Affairs and Housing (MMAH). So on Saturday, February 1, 2025, I emailed the RHEU my complaint against Barrie Housing and included my Statement of Claim against the Ministry because it clearly explains everything that’s been going on, and it clearly lists all of Barrie Housing’s wrongdoings.


Freedom of Information Request Responses

I’ve also recently received quite a few responses to my Freedom of Information (FOI) requests regarding disability payments made directly to housing services providers by the province, on behalf of disability beneficiaries. It appears that disability payments did not automatically start being paid directly to housing services providers after the first Covid lockdown in March 2020, for Alberta, New Brunswick, Nova Scotia or Saskatchewan. I’m still waiting to hear back from P.E.I and British Columbia. Almost all of these provinces reached-out by email or called me before hand to clarify my question. And the ones who did reach out were really nice and helpful. When I sent my request to the Ontario Ministry, I filled-out the online form and printed it off and mailed it in. They just returned it to me yesterday. I’m supposed to fill-out a specific mail-in form instead. Ugh. The Ontario Ministry hates being helpful. Because Ontario is the only province where responsibility for social housing has been downloaded to municipalities, I’m going to re-send my request to the Ontario Ministry because their policies might actually be different than all the other provinces’ policies.






But CPP Disability (which is federal) did respond to my FOI request about making direct payments to Barrie Housing and confirmed that they did not make any payments to any third party. This is good to know.



One thing I did find interesting is that in New Brunswick’s response, they let me know that they started offering the service of making direct payments to housing providers in 2015. This is interesting because this is the first year that the Ontario Disability Support Program (ODSP) started making direct payments to Barrie Housing on my behalf too.


This tells us that the service of making direct payments to housing services providers is a relatively new service in Canada. And it was in the year of 2016 that Barrie Housing’s CEO, Mary-Anne Denny-Lusk became the Finance Manager for Barrie Housing.


Upcoming “Events”

  • February 17, 2025: I should receive either a Statement of Defence or Intent to Defend response from the MMAH.

  • February 20, 2025: I should receive a real review of my rental calculations from the County of Simcoe.

  • March 4, 2025: The rescheduled hearing date for my notice of application for leave to commence a derivative action against Barrie Housing.


A Night to De-Stress

On Sunday evening, someone on Facebook reached-out and said he just finished reading my website and said I sounded like I could use a night out to de-stress. He didn’t want to be weird and ask me out, so he asked me if I’d like a gift card so I could go out for dinner with a friend, and if so, where I’d like to go. He ended up sending me a $100 e-gift card for State-and-Main. I certainly wasn’t expecting that! I can’t tell you how much I needed to see some humanity for a change.


So tonight, I’m taking my daughter out for a nice dinner and we're meeting my sister there.

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