Integrity Choices
Email From Maira (November 10 at 10:09 PM) Rejecting Sameena's Accommodation Request
From: Maira de Barrientos <[email protected]>
Sent: Friday, November 10, 2023 10:09 PM
To: Sameena Fernandes <[email protected]>
Cc: Sharaka Suthan <[email protected]>
Subject: RE: 2502 - 10 Lisa Unsigned Cheque - Rental Payment
Hello
We acknowledge receipt of your October 30, 2023 communication sent at 1:33 AM.
I confirm that cheque #001 has been shredded.
As a Landlord we have responsibilities to communicate with our Tenants. We have previously advised you that communications must be sent in a timely way, and we have advised you previously that it may be best for you to open our emails on the date that you deem appropriate.
We are prepared to have a discussion with you to determine the nature of your disability and thereafter to review solutions. It may be worthwhile for you to register a different email address with respect to our emails or other emails that you only open on Fridays.
We look forward to hearing with you with respect to whether or not you would like to have a discussion regarding your request for accommodation. Please note that our counsel Martin Zarnett and our director Ashley Archer-Bereaux will be in attendance at such a discussion.
Regards,
Sent: Friday, November 10, 2023 10:09 PM
To: Sameena Fernandes <[email protected]>
Cc: Sharaka Suthan <[email protected]>
Subject: RE: 2502 - 10 Lisa Unsigned Cheque - Rental Payment
Hello
We acknowledge receipt of your October 30, 2023 communication sent at 1:33 AM.
I confirm that cheque #001 has been shredded.
As a Landlord we have responsibilities to communicate with our Tenants. We have previously advised you that communications must be sent in a timely way, and we have advised you previously that it may be best for you to open our emails on the date that you deem appropriate.
We are prepared to have a discussion with you to determine the nature of your disability and thereafter to review solutions. It may be worthwhile for you to register a different email address with respect to our emails or other emails that you only open on Fridays.
We look forward to hearing with you with respect to whether or not you would like to have a discussion regarding your request for accommodation. Please note that our counsel Martin Zarnett and our director Ashley Archer-Bereaux will be in attendance at such a discussion.
Regards,
First Email From Aman Singh To Sameena Fernandes March 8th, 2024 At 10:23 AM
From: Aman Singh <[email protected]>
Date: Fri, Mar 8, 2024 at 10:23 AM
Subject: T2 Application - 2502 - 10 Lisa St
To: Sameena Fernandes <[email protected]>
Cc: Martin Zarnett <[email protected]>
Good day Sameena Fernandes,
We acknowledge receipt of your February 13, 2024,communication. You sent us a T2 Application that apparently was filed with the Landlord and Tenant Board. However, the document that you forwarded to us is a blank T2 Application. Please forward to us any T2 Application that you may have filed with the Board for our review and consideration. We confirm that it is our intention to defend any Tenant Application that you might bring against the Landlord.
In relation to your request that we communicate with you only on Fridays, because we have obligations pursuant to the Residential Tenancies Act, and because we may send routine communications and correspondence on all days of the week, we would request that you open a new email address and that we will communicate with you through that email address and that you only view that email address on Fridays if that is your preference.
With respect to any request for accommodation pursuant to the Human Rights Code, we had previously reached out to you to invite you to a discussion where we can review any disability with your healthcare provider and to review whether or not any reasonable accommodation might be required regarding any issue or any disability. Please let us know when you might be available for an accommodation discussion and I confirm that my superior and our legal counsel, Martin Zarnett may be attending at the discussion.
In relation to entry into the rental unit, as you know, the Landlord is required to repair and maintain the rental unit and residential complex. In furtherance of this obligation, we may enter rental units, including your rental unit from time to time to inspect and/or repair the rental unit. We will always serve a 24-hour notice of entry to enter the rental unit. We also work cooperatively with our residents to schedule on days and times that might be agreeable if the date and time is not convenient to you.
We look forward to hearing from you and we look forward to setting up a date and time that might be agreeable to you to continue our discussion regarding accommodation. We have and will continue to do our best to reasonably accommodate you in relation to any disability and we look forward to a productive and respectful discussion.
Yours truly,
Aman Singh
Senior Community Manager| Residential Operations
Date: Fri, Mar 8, 2024 at 10:23 AM
Subject: T2 Application - 2502 - 10 Lisa St
To: Sameena Fernandes <[email protected]>
Cc: Martin Zarnett <[email protected]>
Good day Sameena Fernandes,
We acknowledge receipt of your February 13, 2024,communication. You sent us a T2 Application that apparently was filed with the Landlord and Tenant Board. However, the document that you forwarded to us is a blank T2 Application. Please forward to us any T2 Application that you may have filed with the Board for our review and consideration. We confirm that it is our intention to defend any Tenant Application that you might bring against the Landlord.
In relation to your request that we communicate with you only on Fridays, because we have obligations pursuant to the Residential Tenancies Act, and because we may send routine communications and correspondence on all days of the week, we would request that you open a new email address and that we will communicate with you through that email address and that you only view that email address on Fridays if that is your preference.
With respect to any request for accommodation pursuant to the Human Rights Code, we had previously reached out to you to invite you to a discussion where we can review any disability with your healthcare provider and to review whether or not any reasonable accommodation might be required regarding any issue or any disability. Please let us know when you might be available for an accommodation discussion and I confirm that my superior and our legal counsel, Martin Zarnett may be attending at the discussion.
In relation to entry into the rental unit, as you know, the Landlord is required to repair and maintain the rental unit and residential complex. In furtherance of this obligation, we may enter rental units, including your rental unit from time to time to inspect and/or repair the rental unit. We will always serve a 24-hour notice of entry to enter the rental unit. We also work cooperatively with our residents to schedule on days and times that might be agreeable if the date and time is not convenient to you.
We look forward to hearing from you and we look forward to setting up a date and time that might be agreeable to you to continue our discussion regarding accommodation. We have and will continue to do our best to reasonably accommodate you in relation to any disability and we look forward to a productive and respectful discussion.
Yours truly,
Aman Singh
Senior Community Manager| Residential Operations
From: Aman Singh <[email protected]>
Sent: Friday, April 5, 2024 12:43 PM
To: Sameena Fernandes <[email protected]>
Subject: RE: T2 Application - 2502 - 10 Lisa St
Good day Sameena Fernandes,
Further to our email of March 8, 2024, we have not heard from you.
Please let us know if you would like to set up a meeting with us and our legal counsel to discuss whether or not there is any thing that we can do to reasonably accommodate any disability that you might have. We look forward to setting up a date and time that might be agreeable to you to continue our discussion regarding accommodation. We have and will continue to do our best to reasonably accommodate you in relation to any disability and we look forward to a productive and respectful conversation.
Yours truly,
Aman Singh
Sent: Friday, April 5, 2024 12:43 PM
To: Sameena Fernandes <[email protected]>
Subject: RE: T2 Application - 2502 - 10 Lisa St
Good day Sameena Fernandes,
Further to our email of March 8, 2024, we have not heard from you.
Please let us know if you would like to set up a meeting with us and our legal counsel to discuss whether or not there is any thing that we can do to reasonably accommodate any disability that you might have. We look forward to setting up a date and time that might be agreeable to you to continue our discussion regarding accommodation. We have and will continue to do our best to reasonably accommodate you in relation to any disability and we look forward to a productive and respectful conversation.
Yours truly,
Aman Singh
Aman Singh's Threatening Email (May 17th at 10:04 AM) to Sameena Fernandes Causing Psychological Harm
From: Aman Singh <[email protected]>
Sent: Friday, May 17, 2024 10:04 AM
To: [email protected] <[email protected]>
Subject: Action Required for Damaged Rental Unit , 2502 - 10 Lisa St
Good day Sameena Fernandes,
As you know, there was a serious fire that you or a guest or occupant caused in the rental unit on May 10, 2024.
The rental unit is currently not habitable. The rental unit is currently not safe to occupy and therefore you will not be permitted to occupy the rental unit until such time as the repairs have been completed in the rental unit.
Our investigation of the rental unit also disclosed other significant damage caused to the rental unit which was not related to the fire.
In order for us to start the work to repair the rental unit, we will need you to attend at the rental unit with sufficient moving capacity to remove your goods and belongings from the rental unit.
Please contact me at your earliest convenience to advise me of a date and time during business hours that you and your moving company will be able to attend at the rental unit to remove the goods and belongings from the rental unit. We are only providing access to the rental unit for the sole purpose of you removing goods and belongings from the rental unit. The moving of the goods and belongings from the rental unit will be supervised by a Landlord representative and/or security guard.
It is the Landlord's intention to hold you fully responsible for the damage that you have caused to the rental unit and residential complex as a result of your wilful or negligent actions that cause serious and significant damage to the rental unit and residential complex.
Kind regards,
Aman Singh
Senior Community Manager| Residential Operations
T+1 416-364-3735 | M
Sent: Friday, May 17, 2024 10:04 AM
To: [email protected] <[email protected]>
Subject: Action Required for Damaged Rental Unit , 2502 - 10 Lisa St
Good day Sameena Fernandes,
As you know, there was a serious fire that you or a guest or occupant caused in the rental unit on May 10, 2024.
The rental unit is currently not habitable. The rental unit is currently not safe to occupy and therefore you will not be permitted to occupy the rental unit until such time as the repairs have been completed in the rental unit.
Our investigation of the rental unit also disclosed other significant damage caused to the rental unit which was not related to the fire.
In order for us to start the work to repair the rental unit, we will need you to attend at the rental unit with sufficient moving capacity to remove your goods and belongings from the rental unit.
Please contact me at your earliest convenience to advise me of a date and time during business hours that you and your moving company will be able to attend at the rental unit to remove the goods and belongings from the rental unit. We are only providing access to the rental unit for the sole purpose of you removing goods and belongings from the rental unit. The moving of the goods and belongings from the rental unit will be supervised by a Landlord representative and/or security guard.
It is the Landlord's intention to hold you fully responsible for the damage that you have caused to the rental unit and residential complex as a result of your wilful or negligent actions that cause serious and significant damage to the rental unit and residential complex.
Kind regards,
Aman Singh
Senior Community Manager| Residential Operations
T+1 416-364-3735 | M
From: Sameena Fernandes <[email protected]>
Sent: Tuesday, May 21, 2024 12:12 PM
To: [email protected] <[email protected]>; LTB (MMAH) <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Maira de Barrientos <[email protected]>; Sharaka Suthan <[email protected]>; Aman Singh <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>
Cc: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>
Subject: Formal Complaint Against BCIMC Realty Corporation and Their Legal Counsel [File # LTB-T-067383-22-IN (CET-02821-21)
Dear Sir/Madam,
I am writing to formally lodge a complaint regarding the ongoing harassment and retaliatory actions against Sameena Fernandes (www.integritychoices.com), a resident of 2502 - 10 Lisa St. As Sameena’s medically recognized mutual caregiver, I am filing this complaint against both the landlord, BCIMC Realty Corporation, and their lawyer, Martin Zarnett, who referred to Sameena as a sophisticated tenant despite her documented vulnerabilities.
I am Scott Gallagher, the medically recognized mutual caregiver of Sameena Fernandes, as recognized by TransHelp and Dr. Goldberg. Attached are some of the letters from Dr. Goldberg, which were sent directly to the Landlord and Tenant Board from his office. These letters provide detailed medical directives and emphasize the necessity of rescheduling the written hearing in consideration of Ms. Fernandes’s health condition.
Background:
Despite receiving numerous notifications confirming Ms. Fernandes’s anxiety disorder, QuadReal's actions during the pandemic egregiously worsened her anxiety. These actions, aimed at sabotaging her ability to pay rent, positioned QuadReal to pursue eviction under the guise of non-payment, during a time when her vulnerabilities were most exposed. Ms. Fernandes's learning disability and anxiety disorder are well-documented through medical letters, emails, and personal videos, which document her grievances in real-time. These documents were aimed at accommodating her mental disabilities and memory problems. Meanwhile, QuadReal’s actions, under the strategic guidance of Martin Zanett, have directly targeted her vulnerabilities, amplifying her distress and destabilizing her living conditions, despite the provided written hearing accommodations by the Landlord and Tenant Board (LTB).
False Promises and Inconsistent Actions:
In a communication dated March 8, 2024, QuadReal claimed, "We have and will continue to do our best to reasonably accommodate you in relation to any disability." However, their actions contradict this statement.
Analysis of Communications from QuadReal:
Communication Restrictions (April 6, 2021) QuadReal stated, "We will not be reviewing websites or videos to determine whether you are making any offer of a repayment plan," and "We will not communicate with you by viewing websites. We will not be installing any USB key into our computers." This reflects a lack of genuine intent to adapt to Sameena's needs, disregarding alternative methods that could better accommodate her anxiety and learning disabilities.
Refusal to Accept Digital Communications (April 8, 2021) The statement, "The Landlord will not be accepting communications by referring to a particular website. Videos that you may post will not be viewed for the purpose of attempting to discern any concerns or complaints," further exemplifies QuadReal's unwillingness to engage with Sameena in a manner that would accommodate her disabilities.
Non-Responsive and Financial Demands (March 31, 2021) QuadReal's response, "We are not going to respond to any of the allegations specifically," combined with demanding a substantial upfront payment, reflects a lack of engagement with Sameena's issues and places undue financial pressure on her, exacerbating her anxiety.
Additional Points from Subsequent Communications: Statements such as, "Unfortunately, we are not able to communicate with you at a particular time of the week," and "We look forward to hearing from you regarding whether you would like to have a discussion about your accommodation request," with a setup that includes legal counsel, indicate a strategy more aligned with legal posturing than actual accommodation.
False Claims of Accommodation:
QuadReal’s claim that they "continue to do their best to reasonably accommodate" Sameena is categorically false. Their best appears limited by corporate values prioritizing shareholder value over reasonable accommodation requests, despite extensive medical documentation supporting Sameena's needs.
Psychological Harassment and Disregard for Well-Being:
QuadReal's actions involve challenging the written hearing accommodation granted by the Landlord and Tenant Board, aiming to discredit Sameena and her doctor's credibility. This is done to revoke her essential medical accommodations, knowing that success in this endeavor would leave Sameena unable to appear in court due to a lack of legal representation. The landlord has resorted to persistent emails, written notices, and even mailed copies under the guise of assessing compliance with email communication restrictions. This accommodation was contingent upon her attendance at a meeting with her adversaries and their legal team, blatantly disregarding her well-being and exploiting her medical condition as a psychological weapon.
Egregious Psychological Harassment:
This calculated risk, taken with full awareness of the potential psychological harassment inflicted, is heinous. If Sameena's mental health conditions were misconstrued at such a meeting, the landlord would have positioned themselves to gather evidence to undermine her legitimate need for a written hearing. This sinister strategy, masquerading as an attempt to accommodate her needs, is profoundly reprehensible.
Manipulative Communication Tactics:
QuadReal's actions show a blatant disregard for Sameena's well-being. They repeatedly claimed to offer "reasonable accommodations," even implying that they had invited her health practitioner to the meeting, which was not the case. This manipulation of terms was designed to create an appearance of cooperation and due diligence on the landlord’s part.
This approach seems to be part of a calculated strategy to exploit her condition, evidenced by their legal team's attempts in court to diminish her challenges by labeling her a "sophisticated tenant." QuadReal and its legal team's actions clearly demonstrate that the information provided is not used to assist Sameena but rather to compound her difficulties. This is evident in their attempts to challenge the medical authority behind the written hearing accommodation and their efforts to construct a false narrative of accommodation, which only magnifies the harm inflicted on Sameena.
By inviting her to a clearly intimidating scenario under the pretext of discussing accommodations, they tactically leverage fear as a manipulative tool. This is particularly egregious, as it exploits the very anxiety they claim to accommodate by:
Using her potential attendance at such a meeting to bolster their case to revoke her necessary accommodation.
Using her potential non-attendance as a pretext to exacerbate her conditions, under the false pretense that QuadReal was being reasonable and Sameena was not, since she would not attend what is clearly an entrapment scenario.
Negative Portrayal and Unethical Behavior:
These tactics, combined with the negative portrayal of their lawyer in public Google reviews, paint a disturbing picture of the ethics employed by QuadReal’s representation. A recent Google reviews search on the name Martin Zarnett revealed the following troubling experiences at the top of the list that most resemble the review we will be posting after Sameena wins.
"This lawyer represents the big corporations and has no regard for human life. Thank you for being the 'best' example of a lawyer and the best example of 'privilege' all at the same time. I would ask how you sleep at night..." — Renee Scott
"He's doing some sort of scam with the LTB I wouldn't recommend acquiring him as a representative. He's a major meathead." — Local Guide
"Knows people in the LTB. Will falsify documents to try to evict you and brag about it to other lawyers. Karma will get you, Martin." — Jenna Deville
These reviews and our experiences illustrate a pattern of ethical disregard and manipulation of legal processes by QuadReal’s legal representative, Martin Zarnett.
Intentional Entrapment:
Furthermore, it is also my strong assertion, supported by analysis using ChatGPT, that the landlord's agent used this strategy with the intention of entrapping Sameena. They knew that if Sameena believed that the only way QuadReal would officially accept her extremely reasonable accommodation request (to not send emails to her from Monday to Friday morning) was if she compromised her own integrity and took actions diametrically opposed to those outlined in Dr. Goldberg's letters. These letters detail the extreme harm experienced by Sameena even at the thought of having to interact with her landlord and agents—a fact well known to the landlord, its CEO, and other executives who have received such communications on multiple occasions.
However, the real kicker is that the landlord, upon the advisement of its legal counsel, kept inviting Sameena in a feeble attempt to convince the courts that QuadReal had a genuine desire to accommodate. Based on the landlord's actions since May 10, 2020, and up to today's date—all of which were executed based on the advice of Martin Zannett—it would be more than reasonable to assume that if Sameena attended this obvious trap to hurt her, her very attendance would discredit Dr. Goldberg's findings, giving Martin the leverage he needs to approach the LTB again, attempting again to have the written hearing revoked.
Specific Issues:
Deliberate Attempts to Make the Unit Seem Uninhabitable: Only the room affected by the fire had its windows closed and the door shut, intentionally trapping the smoke smell. Meanwhile, windows in other rooms, such as the living room, were opened. This selective treatment raises serious concerns about the landlord’s intentions and the validity of their habitability claims.
Unjust Financial and Logistical Demands: Sameena has been demanded to move all her belongings out of the unit and hire a mover, despite the landlord being fully aware of her severe financial hardships, which include relying on food banks. This demand is calculated to exploit her vulnerable financial situation, forcing her out of the unit under the guise of necessary repairs.
Intentional Disruption of Livability: The power to the entire apartment has been turned off, leading to the spoilage of all food in the refrigerator. This action is unnecessary since only one room was damaged by the fire. Such measures seem like obvious deliberate attempts to make living conditions unbearable, further pressuring her to vacate.
Supporting Evidence:
Audio Recordings and Transcripts: We have audio recordings of conversations with six different security guards we spoke to this past weekend confirming at least on one occasion that despite our insistence that they come to the suite to observe us, we were told that was not necessary. On the day of the fire, we also documented a staff member accusing us of arson.
Medical Letters: Attached are medical letters from Dr. Goldberg, which QuadReal has received and intentionally not responded to. These letters highlight the medical and psychological impact of the landlord's actions on Sameena. Specifically:
August 17, 2023: "The date May 10th, 2020, is particularly significant; their living conditions dramatically declined due to harassment and reprisals by their landlord."
October 3, 2023: "Scott Gallagher and Sameena Fernandes have uniquely different mental disabilities and associated memory problems, which warrant special accommodation. I advised both of them to audio record all conversations they have with myself, Ontario Works, ODSP, and any other government body or legal representatives with whom they may have agreements."
October 17, 2023: "A chain of events starting notably on May 10, 2020, involving retaliatory actions from Sameena's landlord has led to multiple human rights violations and financial devastation, culminating in Ms. Fernandes' bankruptcy."
March 9, 2023: "Despite being advised numerous times in writing since 2019 that Ms. Fernandes has a medically diagnosed anxiety disorder, all of Ms. Fernandes' requests to her landlord that they 'Please not sabotage my efforts to earn an income by sending me any more emails during the work week. Said in another way, please don't interrupt my business momentum and focus during the week, and ONLY email me on Friday afternoons, with my promise to review whatever you send me over the weekend, and respond to you promptly'' fell on deaf ears."
"Ms. Fernandes' landlord was notified in writing on March 20, 2021, April 13, 2021, April 19, 2021, April 21, 2021, April 25, 2021, April 29, 2021, May 3, 2021, June 21, 2021, July 19, 2021, and July 27, 2021 (and there may be other dates that are not included in this letter because Ms. Fernandes did not have enough time to be certain she got me all the dates to review) to NOT send emails to Sameena, Monday through Thursday."
"In fact, although Sameena needs more time to look through all her evidence, on such short notice, she was able to show proof to me that her landlord kept sending emails to her at least on the following dates: Monday, April 20, 2021, Monday, April 21, 2021, Monday, August 31, 2021, and most recently, Thursday, February 2, 2023, and Monday, February 13, 2023."
"Unexpected emails coming in from the landlord, regardless of their apparent intent, are unwanted and especially harassing when you take into consideration that these events have been taking place since the beginning of the pandemic until even now."
"It is impossible for Ms. Fernandes to represent herself at any upcoming LTB hearings for the unforeseeable future because the current hearing format would result in undue hardship, anxiety, and trauma on Ms. Fernandes if she were forced to represent herself in a face-to-face or a phone hearing in any capacity."
"In order for her to be able to proceed and receive a fair hearing, I am advising the following special accommodations be made under the Human Rights Code for Ms. Fernandes; the hearing format be changed to a 'written hearing,' and the 16 video message communications Ms. Fernandes sent to her landlord be allowed as evidence."
"The events that occurred between Ms. Fernandes and her landlord were so extreme that they caused irreparable emotional and mental harm to her, such that she goes to the trouble of recording a video every month to make sure she has proof that she dropped off her monthly rent check on time."
"These 16 videos were Ms. Fernandes' only way of communicating her grievances, requests, and concerns to her landlord, and they were done so very effectively because the communications were happening in real-time as the events were taking place from her landlord."
Ignored Pleas for Help: This communication is also copied to 21 individuals at QuadReal who have received Sameena's cries for help multiple times throughout the pandemic and afterward, all of which were ignored when a doctor's letter was attached.
Simple Accommodation Request: Sameena has a simple accommodation request for QuadReal staff: to not send her emails during the week and only send emails, if necessary, on Friday afternoons or over the weekend. This is a reasonable request since providing her email address is not a requirement of her lease.
Complaint to the LTB and Law Society of Ontario: I am also writing in response to the landlord's communication dated September 25, 2023, challenging the written hearing for the matter of:
In the matter of: 2502, 10 Lisa Street, Brampton, ON L6T 4N4 Between: Sameena Fernandes And: BCIMC Realty Corporation
Summary of the Tenant’s Position:
Health and Accommodation Concerns: The tenant's health condition requires specific accommodations, including the necessity for a written hearing instead of an electronic hearing. Detailed medical records have been provided to substantiate this request.
Document Accessibility: Prior to April 25, 2023, the landlord had already been given full disclosure of all documents received by the LTB. Furthermore, unlike the LTB, the landlord had received an additional critical medical letter, the March 9, 2023 letter, which the LTB had not received prior to issuing its April 25, 2023 order for a written hearing.
Procedural Fairness: The tenant emphasizes the importance of procedural fairness and transparency, agreeing that both parties should have reasonable access to pertinent documents. However, the tenant asserts that the accommodation for a written hearing is justified and should be maintained due to the health concerns substantiated in the submitted medical records.
Response to Specific Points Raised by the Landlord:
Request for an Electronic Hearing: The tenant opposes the landlord's request for an electronic hearing due to documented medical conditions that impair the tenant’s ability to participate effectively in such a format. It is important to note that the tenant, Sameena Fernandes, is unable to attend such meetings due to anticipatory anxiety, trauma, and PTSD symptoms. This assessment comes from her physician, Dr. Norman Goldberg, who has had close to 50 appointments with her during the pandemic and has written over 30 advocacy letters on her behalf. Dr. Goldberg has a nuanced understanding of her unique needs and dynamics. Additionally, the tenant has been accommodated by other tribunals and agencies, such as the Social Benefits Tribunal, which granted a written hearing accommodation, and Ontario Works, which allowed Action Plan meetings to be conducted in writing. Furthermore, in a previous case where I, Scott Gallagher, represented Sameena against a former employer, all communications were conducted in writing without any need for verbal interaction.
Access to Additional Letters: Regarding the egregious actions of the landlord as detailed in Dr. Goldberg’s May 16, 2024 letter and other communications, all non-redacted versions of these additional letters will be sent to the LTB only, to authenticate and confirm the statements. This approach is taken due to the landlord's demonstrated consistent pattern of leveraging Sameena’s vulnerabilities and using them as a weapon against her.
Impact of Delayed Rescheduling on Tenant's Health: Since the landlord challenged the written hearing on September 25, 2023, it is now May 22, 2024, and the written hearing has still not been rescheduled. This prolonged delay has had a severely negative impact on the tenant, who suffers from anticipatory anxiety, trauma, and PTSD symptoms.
Anticipatory Anxiety, Trauma, and PTSD Symptoms: Anticipatory anxiety is a condition where individuals experience heightened levels of anxiety in anticipation of a future event. This type of anxiety can be particularly debilitating, as it often leads to chronic stress, severe anxiety attacks, and a deterioration in overall mental and physical health. For Sameena Fernandes, the uncertainty and prolonged delay in rescheduling the written hearing have exacerbated her condition significantly. Dr. Goldberg emphasized that the earliest suitable date for Ms. Fernandes to participate in a written hearing without significant health risks would be after February 11, 2025.
Conclusion and Request: Given the tenant's significant health concerns and the substantial evidence provided, we respectfully request that the Board maintain the decision for a written hearing. This format is essential to accommodate the tenant’s medical needs and ensure a fair hearing process. Additionally, the tenant is prepared to cooperate in providing access to the necessary documents, ensuring both parties can participate fully and fairly.
Specific to Aman Singh: Aman Singh, please coordinate with Lorris, the maintenance manager or similar role at QuadReal, to meet Sameena and me in Sameena's suite this Friday, Saturday, or Sunday at his convenience. Furthermore, after opening the window in the room where the fire occurred, the place is livable. Sameena’s father and I have assisted in moving enough items so that your construction team or whoever you need to fix the unit can now come over.
Lorris has been the only person who took the time to understand Sameena's unique sensitivities, fragilities, and challenges. He was the only one to come see us and genuinely express concern, wanting to know that we were okay. He also went out of his way to make sure we could get some of our belongings at the end of the day. He is the only person Sameena feels not just safe but completely safe with from QuadReal, so I offer my thanks on behalf of both Sameena and myself for his genuine kindness and compassion.
Sincerely,
Scott Gallagher
On behalf of Sameena Fernandes
P.S. The only reason Martin Zarnett has not been cc'd in this communication is because Sameena specifically asked me to not put his email address in this communication because she is too terrified of him.
Sent: Tuesday, May 21, 2024 12:12 PM
To: [email protected] <[email protected]>; LTB (MMAH) <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Maira de Barrientos <[email protected]>; Sharaka Suthan <[email protected]>; Aman Singh <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>
Cc: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>
Subject: Formal Complaint Against BCIMC Realty Corporation and Their Legal Counsel [File # LTB-T-067383-22-IN (CET-02821-21)
Dear Sir/Madam,
I am writing to formally lodge a complaint regarding the ongoing harassment and retaliatory actions against Sameena Fernandes (www.integritychoices.com), a resident of 2502 - 10 Lisa St. As Sameena’s medically recognized mutual caregiver, I am filing this complaint against both the landlord, BCIMC Realty Corporation, and their lawyer, Martin Zarnett, who referred to Sameena as a sophisticated tenant despite her documented vulnerabilities.
I am Scott Gallagher, the medically recognized mutual caregiver of Sameena Fernandes, as recognized by TransHelp and Dr. Goldberg. Attached are some of the letters from Dr. Goldberg, which were sent directly to the Landlord and Tenant Board from his office. These letters provide detailed medical directives and emphasize the necessity of rescheduling the written hearing in consideration of Ms. Fernandes’s health condition.
Background:
Despite receiving numerous notifications confirming Ms. Fernandes’s anxiety disorder, QuadReal's actions during the pandemic egregiously worsened her anxiety. These actions, aimed at sabotaging her ability to pay rent, positioned QuadReal to pursue eviction under the guise of non-payment, during a time when her vulnerabilities were most exposed. Ms. Fernandes's learning disability and anxiety disorder are well-documented through medical letters, emails, and personal videos, which document her grievances in real-time. These documents were aimed at accommodating her mental disabilities and memory problems. Meanwhile, QuadReal’s actions, under the strategic guidance of Martin Zanett, have directly targeted her vulnerabilities, amplifying her distress and destabilizing her living conditions, despite the provided written hearing accommodations by the Landlord and Tenant Board (LTB).
False Promises and Inconsistent Actions:
In a communication dated March 8, 2024, QuadReal claimed, "We have and will continue to do our best to reasonably accommodate you in relation to any disability." However, their actions contradict this statement.
Analysis of Communications from QuadReal:
Communication Restrictions (April 6, 2021) QuadReal stated, "We will not be reviewing websites or videos to determine whether you are making any offer of a repayment plan," and "We will not communicate with you by viewing websites. We will not be installing any USB key into our computers." This reflects a lack of genuine intent to adapt to Sameena's needs, disregarding alternative methods that could better accommodate her anxiety and learning disabilities.
Refusal to Accept Digital Communications (April 8, 2021) The statement, "The Landlord will not be accepting communications by referring to a particular website. Videos that you may post will not be viewed for the purpose of attempting to discern any concerns or complaints," further exemplifies QuadReal's unwillingness to engage with Sameena in a manner that would accommodate her disabilities.
Non-Responsive and Financial Demands (March 31, 2021) QuadReal's response, "We are not going to respond to any of the allegations specifically," combined with demanding a substantial upfront payment, reflects a lack of engagement with Sameena's issues and places undue financial pressure on her, exacerbating her anxiety.
Additional Points from Subsequent Communications: Statements such as, "Unfortunately, we are not able to communicate with you at a particular time of the week," and "We look forward to hearing from you regarding whether you would like to have a discussion about your accommodation request," with a setup that includes legal counsel, indicate a strategy more aligned with legal posturing than actual accommodation.
False Claims of Accommodation:
QuadReal’s claim that they "continue to do their best to reasonably accommodate" Sameena is categorically false. Their best appears limited by corporate values prioritizing shareholder value over reasonable accommodation requests, despite extensive medical documentation supporting Sameena's needs.
Psychological Harassment and Disregard for Well-Being:
QuadReal's actions involve challenging the written hearing accommodation granted by the Landlord and Tenant Board, aiming to discredit Sameena and her doctor's credibility. This is done to revoke her essential medical accommodations, knowing that success in this endeavor would leave Sameena unable to appear in court due to a lack of legal representation. The landlord has resorted to persistent emails, written notices, and even mailed copies under the guise of assessing compliance with email communication restrictions. This accommodation was contingent upon her attendance at a meeting with her adversaries and their legal team, blatantly disregarding her well-being and exploiting her medical condition as a psychological weapon.
Egregious Psychological Harassment:
This calculated risk, taken with full awareness of the potential psychological harassment inflicted, is heinous. If Sameena's mental health conditions were misconstrued at such a meeting, the landlord would have positioned themselves to gather evidence to undermine her legitimate need for a written hearing. This sinister strategy, masquerading as an attempt to accommodate her needs, is profoundly reprehensible.
Manipulative Communication Tactics:
QuadReal's actions show a blatant disregard for Sameena's well-being. They repeatedly claimed to offer "reasonable accommodations," even implying that they had invited her health practitioner to the meeting, which was not the case. This manipulation of terms was designed to create an appearance of cooperation and due diligence on the landlord’s part.
This approach seems to be part of a calculated strategy to exploit her condition, evidenced by their legal team's attempts in court to diminish her challenges by labeling her a "sophisticated tenant." QuadReal and its legal team's actions clearly demonstrate that the information provided is not used to assist Sameena but rather to compound her difficulties. This is evident in their attempts to challenge the medical authority behind the written hearing accommodation and their efforts to construct a false narrative of accommodation, which only magnifies the harm inflicted on Sameena.
By inviting her to a clearly intimidating scenario under the pretext of discussing accommodations, they tactically leverage fear as a manipulative tool. This is particularly egregious, as it exploits the very anxiety they claim to accommodate by:
Using her potential attendance at such a meeting to bolster their case to revoke her necessary accommodation.
Using her potential non-attendance as a pretext to exacerbate her conditions, under the false pretense that QuadReal was being reasonable and Sameena was not, since she would not attend what is clearly an entrapment scenario.
Negative Portrayal and Unethical Behavior:
These tactics, combined with the negative portrayal of their lawyer in public Google reviews, paint a disturbing picture of the ethics employed by QuadReal’s representation. A recent Google reviews search on the name Martin Zarnett revealed the following troubling experiences at the top of the list that most resemble the review we will be posting after Sameena wins.
"This lawyer represents the big corporations and has no regard for human life. Thank you for being the 'best' example of a lawyer and the best example of 'privilege' all at the same time. I would ask how you sleep at night..." — Renee Scott
"He's doing some sort of scam with the LTB I wouldn't recommend acquiring him as a representative. He's a major meathead." — Local Guide
"Knows people in the LTB. Will falsify documents to try to evict you and brag about it to other lawyers. Karma will get you, Martin." — Jenna Deville
These reviews and our experiences illustrate a pattern of ethical disregard and manipulation of legal processes by QuadReal’s legal representative, Martin Zarnett.
Intentional Entrapment:
Furthermore, it is also my strong assertion, supported by analysis using ChatGPT, that the landlord's agent used this strategy with the intention of entrapping Sameena. They knew that if Sameena believed that the only way QuadReal would officially accept her extremely reasonable accommodation request (to not send emails to her from Monday to Friday morning) was if she compromised her own integrity and took actions diametrically opposed to those outlined in Dr. Goldberg's letters. These letters detail the extreme harm experienced by Sameena even at the thought of having to interact with her landlord and agents—a fact well known to the landlord, its CEO, and other executives who have received such communications on multiple occasions.
However, the real kicker is that the landlord, upon the advisement of its legal counsel, kept inviting Sameena in a feeble attempt to convince the courts that QuadReal had a genuine desire to accommodate. Based on the landlord's actions since May 10, 2020, and up to today's date—all of which were executed based on the advice of Martin Zannett—it would be more than reasonable to assume that if Sameena attended this obvious trap to hurt her, her very attendance would discredit Dr. Goldberg's findings, giving Martin the leverage he needs to approach the LTB again, attempting again to have the written hearing revoked.
Specific Issues:
Deliberate Attempts to Make the Unit Seem Uninhabitable: Only the room affected by the fire had its windows closed and the door shut, intentionally trapping the smoke smell. Meanwhile, windows in other rooms, such as the living room, were opened. This selective treatment raises serious concerns about the landlord’s intentions and the validity of their habitability claims.
Unjust Financial and Logistical Demands: Sameena has been demanded to move all her belongings out of the unit and hire a mover, despite the landlord being fully aware of her severe financial hardships, which include relying on food banks. This demand is calculated to exploit her vulnerable financial situation, forcing her out of the unit under the guise of necessary repairs.
Intentional Disruption of Livability: The power to the entire apartment has been turned off, leading to the spoilage of all food in the refrigerator. This action is unnecessary since only one room was damaged by the fire. Such measures seem like obvious deliberate attempts to make living conditions unbearable, further pressuring her to vacate.
Supporting Evidence:
Audio Recordings and Transcripts: We have audio recordings of conversations with six different security guards we spoke to this past weekend confirming at least on one occasion that despite our insistence that they come to the suite to observe us, we were told that was not necessary. On the day of the fire, we also documented a staff member accusing us of arson.
Medical Letters: Attached are medical letters from Dr. Goldberg, which QuadReal has received and intentionally not responded to. These letters highlight the medical and psychological impact of the landlord's actions on Sameena. Specifically:
August 17, 2023: "The date May 10th, 2020, is particularly significant; their living conditions dramatically declined due to harassment and reprisals by their landlord."
October 3, 2023: "Scott Gallagher and Sameena Fernandes have uniquely different mental disabilities and associated memory problems, which warrant special accommodation. I advised both of them to audio record all conversations they have with myself, Ontario Works, ODSP, and any other government body or legal representatives with whom they may have agreements."
October 17, 2023: "A chain of events starting notably on May 10, 2020, involving retaliatory actions from Sameena's landlord has led to multiple human rights violations and financial devastation, culminating in Ms. Fernandes' bankruptcy."
March 9, 2023: "Despite being advised numerous times in writing since 2019 that Ms. Fernandes has a medically diagnosed anxiety disorder, all of Ms. Fernandes' requests to her landlord that they 'Please not sabotage my efforts to earn an income by sending me any more emails during the work week. Said in another way, please don't interrupt my business momentum and focus during the week, and ONLY email me on Friday afternoons, with my promise to review whatever you send me over the weekend, and respond to you promptly'' fell on deaf ears."
"Ms. Fernandes' landlord was notified in writing on March 20, 2021, April 13, 2021, April 19, 2021, April 21, 2021, April 25, 2021, April 29, 2021, May 3, 2021, June 21, 2021, July 19, 2021, and July 27, 2021 (and there may be other dates that are not included in this letter because Ms. Fernandes did not have enough time to be certain she got me all the dates to review) to NOT send emails to Sameena, Monday through Thursday."
"In fact, although Sameena needs more time to look through all her evidence, on such short notice, she was able to show proof to me that her landlord kept sending emails to her at least on the following dates: Monday, April 20, 2021, Monday, April 21, 2021, Monday, August 31, 2021, and most recently, Thursday, February 2, 2023, and Monday, February 13, 2023."
"Unexpected emails coming in from the landlord, regardless of their apparent intent, are unwanted and especially harassing when you take into consideration that these events have been taking place since the beginning of the pandemic until even now."
"It is impossible for Ms. Fernandes to represent herself at any upcoming LTB hearings for the unforeseeable future because the current hearing format would result in undue hardship, anxiety, and trauma on Ms. Fernandes if she were forced to represent herself in a face-to-face or a phone hearing in any capacity."
"In order for her to be able to proceed and receive a fair hearing, I am advising the following special accommodations be made under the Human Rights Code for Ms. Fernandes; the hearing format be changed to a 'written hearing,' and the 16 video message communications Ms. Fernandes sent to her landlord be allowed as evidence."
"The events that occurred between Ms. Fernandes and her landlord were so extreme that they caused irreparable emotional and mental harm to her, such that she goes to the trouble of recording a video every month to make sure she has proof that she dropped off her monthly rent check on time."
"These 16 videos were Ms. Fernandes' only way of communicating her grievances, requests, and concerns to her landlord, and they were done so very effectively because the communications were happening in real-time as the events were taking place from her landlord."
Ignored Pleas for Help: This communication is also copied to 21 individuals at QuadReal who have received Sameena's cries for help multiple times throughout the pandemic and afterward, all of which were ignored when a doctor's letter was attached.
Simple Accommodation Request: Sameena has a simple accommodation request for QuadReal staff: to not send her emails during the week and only send emails, if necessary, on Friday afternoons or over the weekend. This is a reasonable request since providing her email address is not a requirement of her lease.
Complaint to the LTB and Law Society of Ontario: I am also writing in response to the landlord's communication dated September 25, 2023, challenging the written hearing for the matter of:
In the matter of: 2502, 10 Lisa Street, Brampton, ON L6T 4N4 Between: Sameena Fernandes And: BCIMC Realty Corporation
Summary of the Tenant’s Position:
Health and Accommodation Concerns: The tenant's health condition requires specific accommodations, including the necessity for a written hearing instead of an electronic hearing. Detailed medical records have been provided to substantiate this request.
Document Accessibility: Prior to April 25, 2023, the landlord had already been given full disclosure of all documents received by the LTB. Furthermore, unlike the LTB, the landlord had received an additional critical medical letter, the March 9, 2023 letter, which the LTB had not received prior to issuing its April 25, 2023 order for a written hearing.
Procedural Fairness: The tenant emphasizes the importance of procedural fairness and transparency, agreeing that both parties should have reasonable access to pertinent documents. However, the tenant asserts that the accommodation for a written hearing is justified and should be maintained due to the health concerns substantiated in the submitted medical records.
Response to Specific Points Raised by the Landlord:
Request for an Electronic Hearing: The tenant opposes the landlord's request for an electronic hearing due to documented medical conditions that impair the tenant’s ability to participate effectively in such a format. It is important to note that the tenant, Sameena Fernandes, is unable to attend such meetings due to anticipatory anxiety, trauma, and PTSD symptoms. This assessment comes from her physician, Dr. Norman Goldberg, who has had close to 50 appointments with her during the pandemic and has written over 30 advocacy letters on her behalf. Dr. Goldberg has a nuanced understanding of her unique needs and dynamics. Additionally, the tenant has been accommodated by other tribunals and agencies, such as the Social Benefits Tribunal, which granted a written hearing accommodation, and Ontario Works, which allowed Action Plan meetings to be conducted in writing. Furthermore, in a previous case where I, Scott Gallagher, represented Sameena against a former employer, all communications were conducted in writing without any need for verbal interaction.
Access to Additional Letters: Regarding the egregious actions of the landlord as detailed in Dr. Goldberg’s May 16, 2024 letter and other communications, all non-redacted versions of these additional letters will be sent to the LTB only, to authenticate and confirm the statements. This approach is taken due to the landlord's demonstrated consistent pattern of leveraging Sameena’s vulnerabilities and using them as a weapon against her.
Impact of Delayed Rescheduling on Tenant's Health: Since the landlord challenged the written hearing on September 25, 2023, it is now May 22, 2024, and the written hearing has still not been rescheduled. This prolonged delay has had a severely negative impact on the tenant, who suffers from anticipatory anxiety, trauma, and PTSD symptoms.
Anticipatory Anxiety, Trauma, and PTSD Symptoms: Anticipatory anxiety is a condition where individuals experience heightened levels of anxiety in anticipation of a future event. This type of anxiety can be particularly debilitating, as it often leads to chronic stress, severe anxiety attacks, and a deterioration in overall mental and physical health. For Sameena Fernandes, the uncertainty and prolonged delay in rescheduling the written hearing have exacerbated her condition significantly. Dr. Goldberg emphasized that the earliest suitable date for Ms. Fernandes to participate in a written hearing without significant health risks would be after February 11, 2025.
Conclusion and Request: Given the tenant's significant health concerns and the substantial evidence provided, we respectfully request that the Board maintain the decision for a written hearing. This format is essential to accommodate the tenant’s medical needs and ensure a fair hearing process. Additionally, the tenant is prepared to cooperate in providing access to the necessary documents, ensuring both parties can participate fully and fairly.
Specific to Aman Singh: Aman Singh, please coordinate with Lorris, the maintenance manager or similar role at QuadReal, to meet Sameena and me in Sameena's suite this Friday, Saturday, or Sunday at his convenience. Furthermore, after opening the window in the room where the fire occurred, the place is livable. Sameena’s father and I have assisted in moving enough items so that your construction team or whoever you need to fix the unit can now come over.
Lorris has been the only person who took the time to understand Sameena's unique sensitivities, fragilities, and challenges. He was the only one to come see us and genuinely express concern, wanting to know that we were okay. He also went out of his way to make sure we could get some of our belongings at the end of the day. He is the only person Sameena feels not just safe but completely safe with from QuadReal, so I offer my thanks on behalf of both Sameena and myself for his genuine kindness and compassion.
Sincerely,
Scott Gallagher
On behalf of Sameena Fernandes
P.S. The only reason Martin Zarnett has not been cc'd in this communication is because Sameena specifically asked me to not put his email address in this communication because she is too terrified of him.
From: Aman Singh <[email protected]>
Sent: Friday, May 24, 2024 9:19 AM
To: [email protected] <[email protected]>
Subject: RE: Action Required for Damaged Rental Unit , 2502 - 10 Lisa St
Good day Sameena Fernandes,
We acknowledge receipt of your communication on May 21, 2024, and on May 23, 2024. We are sending this communication to you on a Friday, in accordance with your request to only be contacted on this day.
I am only responding to the request to enter the rental unit.
A serious fire occurred in the rental unit on May 10, 2024. This fire caused significant damage to the rental unit and other parts of the residential complex as well as the personal belongings that were in the rental unit.
At the current time there is no power in the rental unit. Because of the fire, we will have to completely inspect the rental unit with our electricians, and this will take place during the restoration process.
Accordingly, we will be retaining contractors to remove any salvageable items from the rental unit and placing those items in a self storage unit in a location close to the residential complex. We will be bagging these items. Because of the intensity of the fire, all of the items in the bedroom area have been burned and/or damaged beyond salvage and all of those items will be disposed of. Other items that might be salvageable will be removed from the rental unit by our contractors. These steps need to be completed in order for the unit to be repaired. In its current condition, the unit has not been cleared and was deemed uninhabitable by the Fire Department on May 10, 2024.
We have previously requested information relating to your insurance policy that you are required to have in accordance with the terms of the Tenancy Agreement. We have not heard from you or your insurance adjuster. Could you please confirm the existence of your insurance policy and confirm that you have reported this loss to your insurer.
In the meantime, we would request that you provide to us your current address and contact information so that we may communicate with you during the time that the rental unit is being repaired. Please provide your address and telephone number so that we are able to contact you more seamlessly with respect to any issues in the rental unit.
With respect to the other issues contained in your communication, we deny any such allegations.
Kind regards,
Aman Singh
Senior Community Manager – Residential Operations
T +1 416-364-3735 | M
Sent: Friday, May 24, 2024 9:19 AM
To: [email protected] <[email protected]>
Subject: RE: Action Required for Damaged Rental Unit , 2502 - 10 Lisa St
Good day Sameena Fernandes,
We acknowledge receipt of your communication on May 21, 2024, and on May 23, 2024. We are sending this communication to you on a Friday, in accordance with your request to only be contacted on this day.
I am only responding to the request to enter the rental unit.
A serious fire occurred in the rental unit on May 10, 2024. This fire caused significant damage to the rental unit and other parts of the residential complex as well as the personal belongings that were in the rental unit.
At the current time there is no power in the rental unit. Because of the fire, we will have to completely inspect the rental unit with our electricians, and this will take place during the restoration process.
Accordingly, we will be retaining contractors to remove any salvageable items from the rental unit and placing those items in a self storage unit in a location close to the residential complex. We will be bagging these items. Because of the intensity of the fire, all of the items in the bedroom area have been burned and/or damaged beyond salvage and all of those items will be disposed of. Other items that might be salvageable will be removed from the rental unit by our contractors. These steps need to be completed in order for the unit to be repaired. In its current condition, the unit has not been cleared and was deemed uninhabitable by the Fire Department on May 10, 2024.
We have previously requested information relating to your insurance policy that you are required to have in accordance with the terms of the Tenancy Agreement. We have not heard from you or your insurance adjuster. Could you please confirm the existence of your insurance policy and confirm that you have reported this loss to your insurer.
In the meantime, we would request that you provide to us your current address and contact information so that we may communicate with you during the time that the rental unit is being repaired. Please provide your address and telephone number so that we are able to contact you more seamlessly with respect to any issues in the rental unit.
With respect to the other issues contained in your communication, we deny any such allegations.
Kind regards,
Aman Singh
Senior Community Manager – Residential Operations
T +1 416-364-3735 | M
From: Aman Singh <[email protected]>
Sent: Friday, May 31, 2024 11:48 AM
To: Sameena Fernandes <[email protected]>
Subject: Above Guideline Increase (AGI) Approval and Personal Ledger Attached
Good day Sameena Fernandes,
Please find attached a communication concerning the approved Above Guideline Increase (AGI) and your personal ledger for your reference. This document outlines the details of the approved AGI and provides a summary of your account, including any relevant charges and payments.
If you have any questions or need further clarification regarding the attached information, please do not hesitate to reach out to us. We are here to assist you and ensure you have a clear understanding of these updates.
Thank you for your attention to this matter.
Kind regards,
Aman Singh
Senior Community Manager – Residential Operations
T +1 416-364-3735 | M
Sent: Friday, May 31, 2024 11:48 AM
To: Sameena Fernandes <[email protected]>
Subject: Above Guideline Increase (AGI) Approval and Personal Ledger Attached
Good day Sameena Fernandes,
Please find attached a communication concerning the approved Above Guideline Increase (AGI) and your personal ledger for your reference. This document outlines the details of the approved AGI and provides a summary of your account, including any relevant charges and payments.
If you have any questions or need further clarification regarding the attached information, please do not hesitate to reach out to us. We are here to assist you and ensure you have a clear understanding of these updates.
Thank you for your attention to this matter.
Kind regards,
Aman Singh
Senior Community Manager – Residential Operations
T +1 416-364-3735 | M
From: Sameena Fernandes <[email protected]>
Sent: Sunday, June 2, 2024 1:03 AM
To: Aman Singh <[email protected]>; [email protected] <[email protected]>; Dennis Lopez <[email protected]>; Dean Holmes <[email protected]>; [email protected] <[email protected]>
Subject: Re: T2 Application - 2502 - 10 Lisa St
Regarding your email from March 8, 2024, and your question about Sameena sending you a blank T2 application, Dr. Goldberg advised us to file another T2, being unaware that the correct procedure was to amend the existing T2 that is still outstanding and yet to be heard in the written hearing format. She attempted to follow his advice to the best of her ability given her learning disability and cognitive challenges, which likely led to the error. If you received a blank T2, it was due to these challenges.
In the spirit of transparency and to fully answer your question regarding the blank T2 and what that was all about, I asked ChatGPT to analyze the text that Sameena put in that T2 form, as well as audio recordings of Sameena discussing these incidents and their impact on her.
I want to point out first, however, Aman, that it was your specific actions that pushed Sameena over the edge and made her finally attempt to file it.
On February 9, 2024, you arrived unexpectedly and unannounced, aggressively knocking at Sameena's door while loudly inquiring, "Hello? Is anyone home?" for several minutes. This forceful attempt to gain acknowledgment without prior notice significantly heightened her anxiety. Please note that everything was recorded. Sameena has been using multiple recording devices due to her anxiety disorder and the need for accurate records. On the day of the event, our studio setup included four microphones connected to recording devices, including a LiveTrak L-8 and an H5n Zoom recorder which activate when sound levels rise above a certain threshold. Therefore, the aggressive knocking and your inquiries were captured, confirming the impact of your actions on Sameena's mental health.
The persistent knocking and inquiries of "Is anyone home?" without leaving after delivering a notice exacerbated her anxiety. The notice was slid through the door, which was not the usual procedure, adding to her fear and confusion. Sameena described shaking with anxiety and being unable to answer the door, worried about who was knocking and why they were so persistent. She was afraid that if she didn't respond, someone might try to enter forcibly. This fear was compounded by her past experiences and the continuous harassment she feels subjected to. The persistent knocking for about five minutes made her feel unsafe and caused her to lose focus on her work, leaving her in a state of shock and panic.
On February 10, 2024, at 9:30 AM, upon returning home from the food bank, Sameena's distress was compounded by an unforeseen lockout from her apartment, further amplifying her anxiety and igniting fears of potential security breaches.
Dr. Goldberg, along with her psychiatrist and her previous physician, diagnosed her with anxiety conditions. Dr. Goldberg has explicitly linked the worsening of her symptoms to the landlord's continued negligence and disregard for her communicated needs. On at least 18 separate occasions, we have informed you of her condition and required accommodations. Despite this, the lack of consideration has significantly contributed to a severe decline in her mental health. This disregard has gone beyond mere oversight, inflicting damage that Dr. Goldberg compares to symptoms akin to Post-Traumatic Stress Disorder (PTSD), affecting her ability to function in everyday settings.
Additionally, Sameena does not know what you look like, Aman and that’s a good thing. To avoid unnecessarily further triggering her anxiety, do not introduce yourself to her in person. Notices were not previously delivered by being shoved under the door; they were placed on the door handle since she first became a tenant in 2015. Shoving notices through the door terrifies her and sabotages her ability to focus on her business and earn a living, which appears to be QuadReal's intention. I must insist that you please stop this practice immediately and do not introduce yourself to Sameena ever.
Unreasonable Demands: Notices demanding the removal of inoperable vehicles, obviously targeted at us without reasonable notice or consideration for Sameena's financial and health challenges, have caused significant distress. The notice also threatened to give people's bicycles to charity if they did not remove them for the garage cleaning. This led her roommate, me, Scott, to allow Sameena’s father to tow away my car under duress and out of fear of what would happen in Sameena's mind if we did not comply, making both our financial and disability challenges worse as confirmed by our medical physician.
Harassment: Repeated failures to accommodate Sameena's documented condition have worsened her anxiety, creating an environment of fear and instability. The essence of her requests has always been to foster an environment that considers her unique challenges. Ignoring these requests not only makes her anxiety worse but also undermines her attempts at maintaining a semblance of normalcy and productivity in her living and working spaces.
Context of Anxiety and Management's Prior Knowledge: Sameena's severe anxiety disorder, including symptoms of anticipatory anxiety, as diagnosed by Dr. Goldberg, her psychiatrist, and her previous physician, has been thoroughly documented and communicated to the property management, QuadReal, and its executives since 2019. Despite this clear communication, the management's actions—or lack thereof—have continually disregarded the necessary accommodations to mitigate her anxiety triggers, as evidenced by these recent incidents. Under no circumstances should you approach Sameena in person or allow her to recognize you, thereby eliminating a potential trigger for her condition.
Additionally, ensure that all notices are placed in the door handle as previously done instead of shoving them under the door, which has caused her significant distress. This method has been the standard since 2015 and must be adhered to consistently to prevent exacerbating her anxiety.
Thank you for your attention to this matter.
Sincerely,
Scott Gallagher on behalf of Sameena Fernandes
Sent: Sunday, June 2, 2024 1:03 AM
To: Aman Singh <[email protected]>; [email protected] <[email protected]>; Dennis Lopez <[email protected]>; Dean Holmes <[email protected]>; [email protected] <[email protected]>
Subject: Re: T2 Application - 2502 - 10 Lisa St
Regarding your email from March 8, 2024, and your question about Sameena sending you a blank T2 application, Dr. Goldberg advised us to file another T2, being unaware that the correct procedure was to amend the existing T2 that is still outstanding and yet to be heard in the written hearing format. She attempted to follow his advice to the best of her ability given her learning disability and cognitive challenges, which likely led to the error. If you received a blank T2, it was due to these challenges.
In the spirit of transparency and to fully answer your question regarding the blank T2 and what that was all about, I asked ChatGPT to analyze the text that Sameena put in that T2 form, as well as audio recordings of Sameena discussing these incidents and their impact on her.
I want to point out first, however, Aman, that it was your specific actions that pushed Sameena over the edge and made her finally attempt to file it.
On February 9, 2024, you arrived unexpectedly and unannounced, aggressively knocking at Sameena's door while loudly inquiring, "Hello? Is anyone home?" for several minutes. This forceful attempt to gain acknowledgment without prior notice significantly heightened her anxiety. Please note that everything was recorded. Sameena has been using multiple recording devices due to her anxiety disorder and the need for accurate records. On the day of the event, our studio setup included four microphones connected to recording devices, including a LiveTrak L-8 and an H5n Zoom recorder which activate when sound levels rise above a certain threshold. Therefore, the aggressive knocking and your inquiries were captured, confirming the impact of your actions on Sameena's mental health.
The persistent knocking and inquiries of "Is anyone home?" without leaving after delivering a notice exacerbated her anxiety. The notice was slid through the door, which was not the usual procedure, adding to her fear and confusion. Sameena described shaking with anxiety and being unable to answer the door, worried about who was knocking and why they were so persistent. She was afraid that if she didn't respond, someone might try to enter forcibly. This fear was compounded by her past experiences and the continuous harassment she feels subjected to. The persistent knocking for about five minutes made her feel unsafe and caused her to lose focus on her work, leaving her in a state of shock and panic.
On February 10, 2024, at 9:30 AM, upon returning home from the food bank, Sameena's distress was compounded by an unforeseen lockout from her apartment, further amplifying her anxiety and igniting fears of potential security breaches.
Dr. Goldberg, along with her psychiatrist and her previous physician, diagnosed her with anxiety conditions. Dr. Goldberg has explicitly linked the worsening of her symptoms to the landlord's continued negligence and disregard for her communicated needs. On at least 18 separate occasions, we have informed you of her condition and required accommodations. Despite this, the lack of consideration has significantly contributed to a severe decline in her mental health. This disregard has gone beyond mere oversight, inflicting damage that Dr. Goldberg compares to symptoms akin to Post-Traumatic Stress Disorder (PTSD), affecting her ability to function in everyday settings.
Additionally, Sameena does not know what you look like, Aman and that’s a good thing. To avoid unnecessarily further triggering her anxiety, do not introduce yourself to her in person. Notices were not previously delivered by being shoved under the door; they were placed on the door handle since she first became a tenant in 2015. Shoving notices through the door terrifies her and sabotages her ability to focus on her business and earn a living, which appears to be QuadReal's intention. I must insist that you please stop this practice immediately and do not introduce yourself to Sameena ever.
Unreasonable Demands: Notices demanding the removal of inoperable vehicles, obviously targeted at us without reasonable notice or consideration for Sameena's financial and health challenges, have caused significant distress. The notice also threatened to give people's bicycles to charity if they did not remove them for the garage cleaning. This led her roommate, me, Scott, to allow Sameena’s father to tow away my car under duress and out of fear of what would happen in Sameena's mind if we did not comply, making both our financial and disability challenges worse as confirmed by our medical physician.
Harassment: Repeated failures to accommodate Sameena's documented condition have worsened her anxiety, creating an environment of fear and instability. The essence of her requests has always been to foster an environment that considers her unique challenges. Ignoring these requests not only makes her anxiety worse but also undermines her attempts at maintaining a semblance of normalcy and productivity in her living and working spaces.
Context of Anxiety and Management's Prior Knowledge: Sameena's severe anxiety disorder, including symptoms of anticipatory anxiety, as diagnosed by Dr. Goldberg, her psychiatrist, and her previous physician, has been thoroughly documented and communicated to the property management, QuadReal, and its executives since 2019. Despite this clear communication, the management's actions—or lack thereof—have continually disregarded the necessary accommodations to mitigate her anxiety triggers, as evidenced by these recent incidents. Under no circumstances should you approach Sameena in person or allow her to recognize you, thereby eliminating a potential trigger for her condition.
Additionally, ensure that all notices are placed in the door handle as previously done instead of shoving them under the door, which has caused her significant distress. This method has been the standard since 2015 and must be adhered to consistently to prevent exacerbating her anxiety.
Thank you for your attention to this matter.
Sincerely,
Scott Gallagher on behalf of Sameena Fernandes