Tire Slasher - Health and Safety Issue

I bought an electric bike last year. I
never took it to work until Wednesday
April 29th, 2009. We had a two day
week that week (short work week). Wednesday,
Thursday and Friday, engine assembly
department was off. The two highest
seniority employees in my section had
to come in on Wednesday for clean-up
in their area. So I was in along with
a co-worker on the Wednesday.

The start of my shift was 3:30 p.m. But
I arrived a little earlier than usual
that day. I parked my e-bike in the bike
section of the parking lot adjacent
to the catwalk. I put my helmet in a
bag I was carrying. The day shift was
still on the line. I don't think too
many people knew about the bike and I
didn't mention it.

Fast forward to the following week.
I decide to take my e-bike to work
on Thursday, May 08, 2009. Both
shifts, days and afternoons were
running. A lot ofemployees saw me ride
in on the e-bike. Many asked questions
about the bike too. Oh by the way, I don't
drive, never have.

It's another short work week.
Engine Assembly department is not
running on Friday May 09, 2009. The two
highest seniority employees in my section,
on my shift in my secton have to come
in. So I come in on the Friday. That
night I pushed my e-bike home. Some
nutbar slash the rear tire on my e-bike.
There were two motorcycles,
parked in bike parking area. The tires
were just fine. It didn't take long did it?

I have no idea who did it or what set
the person off. I could unknowingly
set the person off again, so I thought
just in case Psychobob loses control
again, I reported the incident to the
police. The file number is 09-27090

I reported the incident to the company
and the union after reporting the incident
to the police first.

Now we know the conduct of the unknown
Psychobob is criminal. But
I would think that any act that
has the potential to harm an employee
in the workplace is a health and safety
issue as well and employees should be
made aware of the incident so that they
can take precautions.

The Window Stalkers or Stalkers- Part III

I wonder what would have happened
if I had not contacted NorthStar
and Canada Post, if the outcome
would have been different. Would
my registered mail and Xpress post
to NorthStar still appear to be
missing?

Now on to Ducana Joe. After I send
my letters, I wonder if Joe will
return my cheques. Oh by the way,
I indicated incorrectly in Part II
that Joe received my registered
letter on September 4th, 2008. He
received my letter on Wednesday
September 3rd, 2008.

The following day, September 4th,
I'm at work, on day shift, I'm on
my job, and a man walks by (lots of
men walk by my job) but this man walks
a few feet a head and turns to glance
back at me. I was shocked I swear
it was Ducana Joe looking back at me.
He had a clip board in his hand and he
looked at me and non chalantly turned
away and continued on to wherever
he was going. I watched him disappear.
I thought no way it can't be him, but
it looked like him. Whether it was
Ducana Joe or not (and I suspect it
was him, I'm sure Ducana Windows
does commercial work too), seeing him
made think that I wasn't getting
the cheques back. On that day
I put stop payments on the
cheques.

Joe choosing to ignore my letter
canceling my order, called numerous
times and left a number of messages
which I ignored, hoping he would get
the message. He didn't.

On Saturday September 06, 2008, Joe
shows up at my house. I ignore his
knock at my door. Later that day, I
head out. I notice Joe has left a copy of
my faxed August 29th, cancellation letter
taped to my storm door. On the letter he
writes that he can't cancel my order
without my signature. He ask that I
call him, for the zillionth time. If
he needs my signature, then it meant
I had to see him. I did't want to see
Ducana Joe.

I fax a letter addressed to Joe dated
September 8th, directing him to drop
off the documents he needed signed.
He didn't drop anything off. So I take
the Ducana invoice and the invoice
for the installation company and I write
on both, that the order was canceled
August 29th, 2008 by customer. I endorse
with my signature. I fax Ducana's invoice
to Ducana and fax the window installation
company's invoice to it. That should
end it, right. Nope. After I fax the
invoices, Joe calls again. I had enough.
I contact Ducana's head office.

I tell the women I speak to at Ducana's
head office, that I canceled an order for
windows and the salesperson keeps calling
me. She asks my name. I tell her and I
listen as her tone drops - like "oh it's you,"
That kind of tone. I immediately got the
impression she knew my name. She said
that she knew I canceled but she never
mentions my letter as the source of the
cancellation. She mentions my stop payment
as what indicated to Ducana that I canceled.
My cheques were never returned as I requested
in my August 29th, letter.

She asked me who the salesperson was. I tell her
Ducana Joe's name. I tell her he won't stop
calling me. She then asked the strangest
question. At least to me it was strange. She asked,
"Why would he do that?" Does it matter? I responded,
" I don't know. He just won't accept the cancellation."


I then go on to tell her that my fax machine
records all incoming calls, and I have a record
of all Joe's telephone calls. She said she would
send hin a voice mail and tell him to stop.

Shortly after speaking with the women from
Ducana, my telephone rings. I check my caller
I.D. There's no name appearing on the screen
and the telephone number I don't recognize.
I wonder if it's Joe using a different number.
I decide to call the number. It turns out not
to be Joe but the installer.

The installer after receiving the invoice I
faxed earlier called to find out what was
going on. He asks why I canceled. This question
annoyed me. I think I was just annoyed with the
whole matter. I tell him, it doesn't matter why
I canceled, I canceled. He said he spoke to Joe
and Joe told him that he wasn't certain that I had
canceled. I don't know when the installer
spoke to Ducana Joe. I assumed he spoke to
Joe after he received my fax.

The installer told me he was at my house to
take measurements of my windows. I told
the installer that Joe should not have sent
him to my house to take measurements on my
windows when he knew I canceled the order.
The installer apologized. I accepted his
apology because I knew he didn't know I
canceled the order when he came on my property
to measure my windows. So while I'm at work Joe
has the installation company on my property.
The nerve of this stranger.

I wonder why Joe would have the installer take
measurements of my windows knowing that I canceled
the order. Did he intend to have the windows installed
anyway? Would I come home from work one day to find
that new windows had been installed in my home.
The installer would need to get in the house, right?
Joe would need to provide the installer with a key
to my house, which means someone would have to provide
Joe with a key to my house. It sure wouldn't be me.

I make a mental list of who had the keys to my house
before I me. The previous owner (next door
neighbour) and the law firms involved in the sales
transaction. Maybe no one had another set of
keys to my house, but on the other hand Joe's
behaviour made me not so certain of that. I've
since changed the locks on my house.

Since I spoke to the women at Ducana's head office
I have not received another telephone call from
Joe.

By the way, I did have an energy assessment done.

To see letters sent and other info.

http://picasaweb.google.ca/lh/view?uname=scwmark&q=THE%20WINDOW%20STALKER&isOwner=true#

The Window Stalker or Stalkers - Part ll

Joe's business card doesn't show
a fax number. I find the head office
fax number on the Ducana website. I
fax a cancellation letter to Ducana's
head office. To be certain Joe know's
of the cancellation, I send a copy
of the letter registered mail on Saturday
August 30th, 2008 to Ducana's Chatham
store address. The Chatham address is the
address on Joe's business card. Now how
I ended up with a Ducana rep from Chatham,
I don't know. The Chatham number is
not in the yellow pages. I'm thinking
maybe when I initially contacted
Ducana I was asked for my address. I recall
the person I intially spoke to - not Joe,
saying that they've replaced windows on my
street. So I must of told the person my
address. But that doesn't explain why Joe,
does it? Or maybe it does.

I decided to take a closer look at the
papers that the lawyers assistant gave
me with the keys to the house on August
15th, 2008, the closing date.
They were photocopy receipts
for windows that the previous owner
had replaced by Northstar Windows. What
I had not noticed before was there was
a warranty transfer for the windows that
had to be mailed to Northstar by
the second owner within 30 days of taking
possession of the home. So I immediately
wrote a cheque for the required $100.00
administration fee, put the certificate
in envelope and sent it registered mail
on the same date, August 29th, 2008.

I check Canada Post's on line tracker.
Joe's registered letter reaches Chatham
on September 4th, 2008. But the tracker
indicates that the registered letter to
Northstar shows as "accepted at Windsor"
The appearance is that the envelope with
the warranty transfer is still sitting
at the Windsor post office. I head to the
post office to find out what's going on.
They don't know and give me a card with
a list of Canada Post numbers I can contact
to get help. I don't call right away.
I have sneaking suspicion that the missing
registered mail containing the window warranty
transfer is not a fluke.

I notice another warranty transfer certificate.
I'm not certain whether the $100.00 administration
fee covers both certificates or if I need to
send $100.00 for each certificate. I decide
to write two separate cheques. I figure if
the fee covered both, Northstar would return
one of the cheques. At least I hoped so. You
never know these days.

I go to a post office at another location and
this time I send the warranty by Xpress post
because I'm running out of time. It has to
be at Northstar by September 15th.
Guess what? My suspicion was right. It wasn't
a fluke. The same thing happened. The Canada
Post tracker indicated that the mail was
"accepted at Windsor." Nothing further. Again
the appearance was it never left Windsor.
I still didn't contact the post office. I
decided I would after I contacted Northstar.

I contacted NorthStar's head office in St.
Thomas. I spoke to someone who transferred
me to their accounts receivable department.
I then spoke to a women about the warranty
transfer. I asked if I could fax the certificates
and pay the administration fee by credit card.
She said I could. So that's what I did. I faxed
the certificates and paid the $100.00 administration
fee by credit card on the last day that I had to get
the certificates to NorthStar, September 15th, 2008.
I also put stop payment on all three cheques.

I made a mental list of those I knew were aware of
the warranty transfer. The previous owners who
coincidentally are my next door neighbours, who
coincidentally had the two NorthStar workers
doing work at their home, the law offices involved
in the transaction. Those are the parties that I
know were aware of the warranty transfers.

A couple days later I contact Canada Post. I
give the employee the tracking numbers for
the envelopes sent by registered mail and
Xpress post. She reads the same thing, "
accepted at Wiindsor." She finds it bizarre.
Her word.

She asked me what I was sending.
I explain to her that I just moved to my
home and that it was a warranty transfer
for windows that had to be submitted within
30 days of my taking possession of the house.
She asked the name of the company and the
telephone number, which I provide. She tells
me Canada Post can reimburse me for the
money, but I there would be no investigation
if I'm reimbursed first. I tell her to
investigate first. She gives me case number
for the register envelope, case no: 648 9842
and for the Xpress post, case no; 648 9906.

The following day, Tuesday September 16th, 2008,
while I'm out arranging for stop payments on
all three cheques written out to NorthStar,
the women from NorthStar's account receivable
department leaves me a message indicating
that she had three cheques from me for $100.00
each that she was returning to me. I could hear
her lightly chuckling. I can't say I blame her.
She also indicated that she was including a
receipt for my credit card payment of the
administration fee.

I receive two telephone messages from Canada
Post indicating that they were going to
reimburse me for my cost. For some reason,
although NorthStar did receive my mail, once
the envelopes left Windsor, for some reason
they were not scanned again, giving the
appearance when viewing the tracker, that
the envelopes never left Windsor.

The entire thing was really strange. It
made me think that someone did not
want me to benefit from the warranty
transfer. It was really odd to register
two letters on the same day, different
addresses, to have one letter reach its
destination and other containing the
warranty certificate, appearing on the
on line tracker as if it never left
the post office. For the same thing to
occur at different post office...well?


In between the issue of the missing warranty
transfer certificates, I was dealing with a
Ducana sales person, Joe, who didn't want to
understand that cancel means cancel. I'll
be posting Part III shortly.

The Window Stalker or Stalkers - Part 1

I speak to a Ducana Windows sales
rep on the phone. We agree on a time
and date for the sales rep, I'll
call Joe to meet at my home. Joe
arrives at my home promptly on
Friday August, 29th, 2008. He was
just as pleasant in person as he
was when I spoke to him on the
phone. He appeared to be a nice
guy. While he was in my home my
opinion of him later dimmed, but
I'm not going to post why.

There were two men doing work at my
next door neighbour's home. One of
the men knocked on my door while Joe
was still in my home and asked that
my husband move his vehicle. Joe had
his car parked half on my neighbour's
driveway and half on my driveway. I
told the guy, he's not my husband, he's
a sales rep from Ducana. I asked Joe to
move his car. He did.

So we wrapped up the order and Joe left.
A couple hours later, I head out. I return
a few hours later. The two workers are still
at my neighbour's. As I'm walking up my
driveway, the older of the two, calls me
over. He points to the work that he
and his partner were doing for my
neighbour. He then asked me how much Ducana
was charging me for the windows. I tell him
and a knowing look passes between him and
his partner. Then he tells me that he and
his partner put in the windows in my house.
He said it was Ducana Windows that they
replaced. He said that Ducana was charging
way too much. He then gives me an estimate
of how much they would charge. Of course
it's much lower. I ask the name of the company
they work for and the older gentlemen says,
Northstar, as in NorthStar Vinyl Windows and
Doors

The NorthStar workers mention a government
program. They tell me that I could get $30.00
from the provincial government and $30.00
from the federal government for each window I
replace. My neighbour overhearing the conversation,
(that's what she said) comes out of her house
to add to the discussion.
They tell me that all the window businesses know
about the government program and the Ducana rep
should have told me. They suggest that I cancel
my order with Ducana. And that's exactly what I
did.


FYI


Did you know that under Ontario's
Consumer Protection Act, if you make
a purchase or sign a contract in your
home and then change your mind you have
within 10 days to notify the company
of your change of heart. The 10 days
is referred to as the cooling off
period. It's best you do so in writing
by fax or registered mail. Once the
company has been notified, it has 15
days to return your money.

Ministry of Small Business and
Consumer Services
http://www.gov.on.ca/MGS/en/ConsProt/050451.html

The Window Stalker or Maybe Stalkers

In my last post I wrote that my next post
would be about a window salesperson going
stalker because I canceled in writing by
fax and registered mail, an order for windows.
I'm working on it. Stay tuned.

Insubordination or Insolence?

I got more time off. An additional
one day suspension on Tuesday September
9th, 2008 for insubordination on Friday
August 8th, 2008. The only problem with
that is I was not insubordinate because
I did not refuse a direct order. If I
was accused of insolence, well I suppose,
an employee calling one's supervisor Hitler
and a piece of shit, would be seen as
insolence, by some, but not HR. It's
seen as insubordination.

A little research on the net informed me
of the difference between insubordination
and insolence. Insubordination is an
intentional refusal to obey an employer's
lawful and reasonable order. Insolence
is an employee's derisive, contemptuous
or abusive language, generally directed
at a superior.

So what do you think? Was I insubordinate
or insolent?

My next post will be about a recent incident
involving a window salesperson and his
refusal to accept my in writing canceled order.
I canceled my order only a few hours after
agreeing to purchase windows. Short of calling
the cops on this guy, the steps I had to take
to get rid of my window stalker. Stay tuned.

Consumer Protection Act -Part I

I speak to a Ducana Windows sales
rep on the phone. We agree on a time
and date for the sales rep, I'll
call Joe to meet at my home. Joe
arrives at my home promptly on
Friday August, 29th, 2008. He was
just as pleasant in person as he
was when I spoke to him on the
phone. He appeared to be a nice
guy. While he was in my home my
opinion of him later dimmed, but
I'm not going to post why.

There were two men doing work at my
next door neighbour's home. One of
the men knocked on my door while Joe
was still in my home and asked that
my husband move his vehicle. Joe had
his car parked half on my neighbour's
driveway and half on my driveway. I
told the guy, he's not my husband, he's
a sales rep from Ducana. I asked Joe to
move his car. He did.

So we wrapped up the order and Joe left.
A couple hours later, I head out. I return
a few hours later. The two workers are still
at my neighbour's. As I'm walking up my
driveway, the older of the two, calls me
over. He points to the work that he
and his partner were doing for my
neighbour. He then asked me how much Ducana
was charging me for the windows. I tell him
and a knowing look passes between him and
his partner. Then he tells me that he and
his partner put in the windows in my house.
He said it was Ducana Windows that they
replaced. He said that Ducana was charging
way too much. He then gives me an estimate
of how much they would charge. Of course
it's much lower. I ask the name of the company
they work for and the older gentlemen says,
Northstar, as in NorthStar Vinyl Windows and
Doors

The NorthStar workers mention a government
program. They tell me that I could get $30.00
from the provincial government and $30.00
from the federal government for each window I
replace. My neighbour overhearing the conversation,
(that's what she said) comes out of her house
to add to the discussion.
They tell me that all the window businesses know
about the government program and the Ducana rep
should have told me. They suggest that I cancel
my order with Ducana. And that's exactly what I
did.


FYI


Did you know that under Ontario's
Consumer Protection Act, if you make
a purchase or sign a contract in your
home and then change your mind you have
within 10 days to notify the company
of your change of heart. The 10 days
is referred to as the cooling off
period. It's best you do so in writing
by fax or registered mail. Once the
company has been notified, it has 15
days to return your money.

Ministry of Small Business and
Consumer Services
http://www.gov.on.ca/MGS/en/ConsProt/050451.html

It's Not Over

Click on picture to enlarge.








I was hoping the incident that occurred a
at work a few weeks ago was done. See my
post of Friday August 8th, 2008, titled,
"Suspended". I was suspended on the Friday.
The day before the supervisor that suspended
me approved my request for vacation the
for the following week.

Since I was suspended I didn't know if
my vacation would be cancelled in light
of the suspension. I was not
contacted by anyone from work so I had to
figure it out myself.

I decided that the best way to determine
whether if I was still on suspension was
to wait and see if my vacation pay was direct
deposited into my account. If it wasn't,
I was still on suspension. I did receive my
vacation pay which told me that, the week of
August 11th I was not on suspension. The
following week, the week of August 18th was a
layoff week.

Wednesday, I'm summoned to a disciplinary
interview with human resources. It's the
first contact I have with a union rep.
in regards to the August 8th incident. At
the end of the interview I know I am in
trouble because there's no proof that
this rule, no sleeping on breaks, is not a rule.
And HR is looking to administer more discipline.

Well actually there was proof but it was behind
a glass case and my impression was no one had
copy it or access to a key to get it but HR.
So I took pictures. I took pictures of the
Company's rules of personal conduct for employees,
posted few feet outside HR's office.

Later at home I uploaded the pictures to my
computer and printed off the clearest one of
the bunch and faxed it over to the union rep.
I asked the rep in an accompanying letter to
present the rules to the supervisor and the HR
rep. ask which of the rules listed was I breaking
when the supervisor woke me up to tell me
I can't sleep on my break.

The following day I learn that the rep. is
not in. This morning I fax a copy of the
letter I sent to the rep. and a copy
of the picture of the Company rules to the
HR rep. The union rep is in today and appeared
with another rep to tell me that the fax
of the rules came out blurry and asked if
I had another copy on me. I said, "No." I
said I'd bring another copy in on Monday.

I asked how they prove their cases without
a copy of the Company rules. The rep.
responded that the Chair probably has a copy
but he's not in today . I suggested that the
rep use her cell phone camera to take a picture
of the posted rules. She said, "No" She
wanted a copy of the rules. So I don't
know.

I've Moved.

I'm in my new home. In the end everything
worked out, thankfully. There were a couple
of incidents that occurred that could have
caused me some problems. One of which I'll
mention, the other I won't.

When I went to pick up the keys for my
new house the lawyer's assistant handed
me some papers with the keys. Earlier
that day, August 15th, the closing date,
I met with the lawyer and signed all the
papers, including for receipt of a cheque.
When the assistant handed me the papers I
immediately looked for the cheque. Guess
what? There was no cheque.

Thankfully,I checked before I left the
office and in front of the assistant, rather
than wait until I left the office. The
assistant said she forgot to cut the
cheque. I waited a few minutes while she
cut the cheque. When I received the cheque
I left. It was a relief to get the cheque
because if not, it would have created
another headache that I'd have to deal with.

After you've left your lawyer's office, how
do you prove that you did not receive a
cheque that you signed for? I've asked myself
this question a number of times. Had I not
discovered the cheque missing until I got
home, my first thought would have been it
wasn't included with the documents and keys
given to me by the assistant. But on
further thought, the cheque could have fell
somewhere. I simply lost the cheque.

I think that if I discovered that the
cheque was missing after I left my lawyer's
office, I would just assume the cheque
fell sometime after I left my lawyer's office.
So I would just contact my lawyer and tell him
that I lost the cheque and ask if he would put
a stop payment on the lost cheque and cut
me another cheque.

Turn Around America

Although this short video is American
much of it applies to Canada as well.
It's a great video, great message.


http://www.youtube.com/watch?v=WE7BxWsp81Q

Suspended

I was initially suspended for raising my voice. Then I
inadvertently upped the ante by calling the supervisor
Hitler, and then subsequently calling him a piece of shit.

I'm sick of being bothered by two-faced backstabbing
pricks and beaches, including individuals in positions
of trust like this supervisor. How do you trust and respect
one's supervisor when one's supervisor doesn't like you
and in turn doesn't respect you. You can't just go.
work, do your job and go home at the end of your shift.
They are obsessed. They don't leave a person alone.
It's one thing after another,after another, with
these people. It's like they have a mental illness.
I want to scream, "WHAT THE EEF IS WRONG WITH YOU!
WHAT ARE YOU CRAZY OR SOMETHING? LEAVE ME THE EEF ALONE!"

Why doesn't this supervisor like me? Because he
knows, that I know that that he and rest of his
ilk are BAD NEWS. They want to turn Canada into
China. They treat you as if you are residing
in Communist China as it is. Why else the big
deal over my sleeping during my break. Oh Yeah,
flexible work rules! What a joke that is. Change
the rules when you want to screw a worker for no
reason other than, you feel like it. Oh
and you though flexible work rules were
about productivity - it can be, but it's
also about abuse too.

How do you create monsters? Modern Operating
Agreements and worse, Competitive Operating
Agreements. Unionized workplaces, that are
non union. I know, real clever.

My last break is at 2:00 p.m. I decided to take
a power nap. This supervisor wakes me up to tell
me that I cannot sleep while on my break. It's
the most absurd thing I have ever heard.
It's nonsense, but this supervisor is going to
run with it anyway. I ask the supervisor if he's
going to tell me If and when I can go to the
washroom on my break. If I can go to the cafeteria
or for a walk. The point being is this supervisor ,
going to decide what I do on my free time. Oh,
and according to this supervisor this no sleeping
during my break was supported by human resources.
I'm wasn't surprise by that - HR's involvement.

You know what kills me about people like this
supervisor, they have had all the advantages that
Canada has provided them and have sucked up
all the advantages (freedoms) Canada has to offer,
but yet have the audacity to attempt to deprive
others of the same. How arrogant and ungrateful.
As for those that were raised here, they are
ingrates too.

This supervisor approved my vacation week for
next week the day before, but he has also put me
suspension. So I don't know what' going to
happen in terms of being paid for next week. If
it's already approved, what now? I know your
thinking, ask the union. But the only thing I'll
say about the union is that they have become very
bold about doing nothing, which is the same as
complicity isn't it?

Learned Something New today

Did you know that if your lawyer breaches
the confidentiality clause of a contract
that you signed, it could become void?
Apparently you can become liable if your
lawyer decides to publish the agreement
(if it is the agreement that is
confidential or clause),which can cause
it to become void, and in turn causing
his/her client to forfeit the settlement
amount.

An example of this would be if my lawyer
disclosed the expense amount contrary to
the confidentiality clause of the Agreement.
If that occurred I could lose the expenses
set out in the Agreement. Not cool!

Ten days after signing the purchase of sale,
I signed another purchase of sale for another
house. The closing date is on August 15th, 2008.
too. My lawyer is handling that transaction
as well.

I have to have faith that all will be well,
but not blind faith.

Nazism -

Did you know that the official
name of the Nazi Party was the
National Socialist Workers'
Party? A workers' party? Can you
believe that? How creepy is that.
Did you also know that Nazism
is commonly known as National
Socialism. The Nazis were socialist!
OMG! Thank God we live in a free
and democratic country, Canada.
Let's keep it that way. Though the
socialist among us may have other ideas -

well not all socialist, just those
that have more in common with theNazis.

We need to appreciate and value the
individual rights and freedoms that
we have in Canada, because if we don't
the Nazi types will continue to spread
their wings far and wide, when the
power of democracy should be clipping
their wings.

Nazism
http://en.wikipedia.org/wiki/Nazism

The Rise of Adolf Hitler
http://www.historyplace.com/worldwar2/riseofhitler/index.html

A New Beginning

http://www.historyplace.com/worldwar2/riseofhitler/new.htm

The German's elect Hitler

http://www.historyplace.com/worldwar2/riseofhitler/elect.htm

The Triumph of Hitler

http://www.historyplace.com/worldwar2/triumph/tr-boycott.htm

Closing Date

I received written confirmation yesterday
that August 15th, 2008 is the closing date,
not August 14th as I indicated in an earlier
post.

In my mind August 15th, is actually 61 days
not 60 days. If you look under Schedule 'A',
"Closing Date" it says, " the date that is
30 DAYS FROM ACCEPTANCE OF THIS AGREEMENT
OF PURCHASE AND SALE." I pulled out my
Webster's dictionary and looked up the word
'from.' its defined as follows: "indicating
a point of departure or starting point in
place or time or abstract calculation; indicating
origin"

Therefore, based on the definition
of the word 'from', the date of acceptance,
June 16th, 2008, would be the starting
point. Thus 60 days from June 16th, is
August 14th. Hey, I could be wrong
but, that's what it looks to be to me.

I'm suppose to sign an amended agreement
about a week before close and I would
think that since the closing date is
August 15th, not August 14th, I wouldn't
expect to see the word 'from' included
in the definition of "Closing Date."

By the way, I'm ok with August 15th,
2008 for the closing date. I just hope
the amended agreement reflects the
August 15th, closing date more accurately.
And perhaps that's what EWCP's lawyer
was quoting from, the amended version
of the agreement, when he wrote in his
letter,
" The Agreement of Purchase and Sale
with regard to the above-noted matter
states at "Definitions" of Schedule "A"
that the closing is 60 days after the
Agreement has been entered into."

EDIT IN - Sunday July 06, 2008

I think a more accurate definition
of "Closing Date" under Schedule "A"
of the Agreement of Purchase and
Sale would be to include the actual
date of closing, August 15, 2008.

Check out the agreement

http://picasaweb.google.com/scwmark/EastWindsor
CogenerationPropertiesInc
AgreementOfPurchaseAndSaleJune0520't 08

City offered church for $1.00

For those of you who don't know yet,
we finally settled on Monday June 16th,
2008. The closing date is in 60 days.
I counted on my calendar that the
60th day is on August 14, 2008.
Though, I'll have to get confirmation
on the date. My understanding is that
about a week before closing I'll be required
to sign an agreement with the actual date
included (an amendment). So everything
looks hunky dory for now. And you thought
miracles don't happen.

The following day, June 17th, I was perusing
the Windsor Star, and I came across the
article, "Bank building's days numbered."
Guess what? The London diocese offered to
sell Our Lady of the Rosary church to the
city for $1.00. I was stunned. The city
would get the building not quite free, but
just about free. $1.00!!

Apparently the church requires about 2 million
in repairs. I suppose really when you look at
it, the city actually will be buying the
church for $1.00 plus about an additional
2 million when you factor in the repairs.
Our Lady of the Rosary church is a beautiful
building and I think it will be money well spent.

Although I'm not Catholic, I always felt that
with the church as my next door neighbour God
was looking out for me. And so far He has.



"Bank building days numbered"
http://www.canada.com/windsorstar/news/
story.html?id=5053ad69-d6cd-4214-a940
-4be2e80ae132&p=

It's Settled!

We have an agreement, finally.

I've done my part

At the lawyer's office yesterday
I signed the agreement (less clause
11, Right to Occupy) given to me
by the agent. So I've done my
part.

Residential Tenancies Act, 2006, Ontario

I have an appointment with the lawyer
tomorrow to sign the Agreement
of Purchase and Sale (Offer),
provided by EWCP's Buckingham agent.
The Offer has not been signed
by the Buyer but indicates the
Buyer's Offer is irrevocable by
June 16th, 2008.
So when's an offer from the Buyer
not an offer? When the offer is not
signed by the Buyer.
The agreement provides a clause
giving me, the Seller, the right
to occupy the property rent free
for a period of 90 days. I would
be responsible for maintaining the
property, utilities and insurance.

Insurance is the problem. Initially
the clause required that I maintain
Tenant Insurance policy for the
property. I contacted the agent
and he said I could replace the word
'property' with the word 'content'.
That lead me to take issue with
a landlord dictating to a prospective
tenant that they have to take out
tenant insurance. Why would that be
the landlord's business. The agent told
me that removing the bit on the insurance
could be a deal breaker.

Well guess what? I'm removing the
part of clause 11, that requires
Tenant Insurance. The offer hasn't
been signed by the Buyer anyway.
Can't break a deal when there isn't
one to begin with or an offer for
that matter.

So why remove it? Because
under the Residential Tenancies
Act, I would not be consider a tenant
because clause 11, "Right to Occupy,
indicates that I can occupy the
property rent free. To be consider
a tenant under the RTA, you have to
pay rent.

This leads to the next
issue, Tenant Insurance. Do you
think that an insurance company
would pay out a claim on a tenant
insurance policy, if it discovered
that I was not a tenant as per the law.
Well, I'll give you the answer the
insurance company gave me. "No."

Check out the the definition of "tenant"
under the heading, Interpretation, s. 2.1 of
the Residential Tenancies Act,2006.

http://www.e-laws.gov.on.ca/html/statutes/
english/elaws_statutes_06r17_e.htm#BK3

Also check out Buyer's Offer (wink, wink)

http://picasaweb.google.com/scwmark/EastWindsor
CogenerationPropertiesInc
AgreementOfPurchaseAndSaleJune052008


Edit in

On further thought, I'm simply
just going to cross out clause 11
of Schedule 'A'. I'd have no
protection. The closing date
will have to change from 30 days
to maybe 60 days or longer.

Clean Slate

The agent contacted me. That should
be a good sign, right? Well, I don't
know. I'd like to get this settled
so that we can move on. But I don't
want to end up homeless and with no
money because the objective hasn't
change, just the route.

The agent said something that bothered
me. He told me that I would be paying
off my mortgage myself. Now it seems to
me that if we are going to try to reach
an agreement, we should at least try
to start with a clean slate. And
a clean slate would be that I trust
others will do their jobs. So
I'm not paying off my mortgage myself.
That's for the lawyers to deal with.

Last week I was at St. Clair College
and I picked up a real estate book from
the college book store titled, Advanced
Residential Real Estate Transactions,
Second Edition, by Mark W. Walma, MA, LLB.
Funny thing about that was I didn't go
to the book store with the idea of
buying a book on real estate. I was
just browsing and came across the book.

On the same day I bought the
book, which was last Wednesday, I came
home to find a message on my answering
machine from the agent, who I hadn't
heard from in some time. I returned
his call the following day. Anyways,
I picked up the book to learn a little
about the process. So hopefully it will
be of some help.

Same ole same ole or a change in the wind?

I met with EWCP's Buckingham agent today.
He called last week and we agreed to meet
today to determine if an agreement can be
reached. I think an agreement can be reached.
But the bigger issue for me is trust. Can
I trust the other side?