Integrity Choices
October 30th 2023
From: Sameena Fernandes <[email protected]>
Sent: Monday, October 30, 2023 1:33 AM
To: Maira de Barrientos <[email protected]>
Cc: Sharaka Suthan <[email protected]>
Subject: Re: 2502 - 10 Lisa Unsigned Cheque - Rental Payment
Hello Maira,
At least on these following dates; March 20th, 2021, April 13th, 2021, April 19th, 2021, April 21st, 2021, April 25th, 2021, April 29th, 2021, May 3rd, 2021, June 21st, 2021, July 19th, 2021, and July 27th, 2021, I reached out to you via email requesting that you please refrain from sabotaging my business efforts, to not interrupt me with sending emails Monday to Thursday. I made it clear that if you agreed to my request, I would respond promptly over the weekend. Unfortunately, I have not received any acknowledgement from you regarding my accommodation request.
After making the request numerous times to only have it be ignored, then on July 29th, 2021, you replied with:
"Unfortunately, we are not able to communicate with you at a particular time of the week. We will continue to send to you necessary communications as well as communications responding to your requests when we are able to. Perhaps as a solution, you can only open our emails that we send to you at particular times …"
However, contrary to what you said in your July 29th, 2021 email, I noticed that I recently received emails from you on Friday, August 25th, 2023, Friday, September 1st, 2023, Friday, October 6th, and Friday, October 13th. Due to my Anticipatory Anxiety condition, it is crucial for me to know whether these recent emails were sent in compliance with my previous accommodation requests or if their timing was merely coincidental.
In other words, the fact that you have sent these last 4 emails on a Friday doesn’t help me unless I know that you have agreed and accepted to ONLY send me necessary emails on a Friday as per my previous Accommodation Requests to you. As far as I am concerned, my request has not been granted, and the last few emails received on a Friday was a coincidence.
I have 2 Questions:
1. Could you please confirm that check number #001 has been shredded, as that is my preference.
2. Have you accepted my request to limit email communications to Fridays only? Do you accept my Accommodation Request?
Regards,
Sameena
PS. Regarding Check #001: I anticipate that the narrative surrounding check #001 will be misconstrued, as I am confident and at the same time afraid that you and your legal representative will make the narrative out to be that I intentionally did not sign the cheque - To clarify, I did not intentionally leave the check unsigned.
Here's what really happened:
Sent: Monday, October 30, 2023 1:33 AM
To: Maira de Barrientos <[email protected]>
Cc: Sharaka Suthan <[email protected]>
Subject: Re: 2502 - 10 Lisa Unsigned Cheque - Rental Payment
Hello Maira,
At least on these following dates; March 20th, 2021, April 13th, 2021, April 19th, 2021, April 21st, 2021, April 25th, 2021, April 29th, 2021, May 3rd, 2021, June 21st, 2021, July 19th, 2021, and July 27th, 2021, I reached out to you via email requesting that you please refrain from sabotaging my business efforts, to not interrupt me with sending emails Monday to Thursday. I made it clear that if you agreed to my request, I would respond promptly over the weekend. Unfortunately, I have not received any acknowledgement from you regarding my accommodation request.
After making the request numerous times to only have it be ignored, then on July 29th, 2021, you replied with:
"Unfortunately, we are not able to communicate with you at a particular time of the week. We will continue to send to you necessary communications as well as communications responding to your requests when we are able to. Perhaps as a solution, you can only open our emails that we send to you at particular times …"
However, contrary to what you said in your July 29th, 2021 email, I noticed that I recently received emails from you on Friday, August 25th, 2023, Friday, September 1st, 2023, Friday, October 6th, and Friday, October 13th. Due to my Anticipatory Anxiety condition, it is crucial for me to know whether these recent emails were sent in compliance with my previous accommodation requests or if their timing was merely coincidental.
In other words, the fact that you have sent these last 4 emails on a Friday doesn’t help me unless I know that you have agreed and accepted to ONLY send me necessary emails on a Friday as per my previous Accommodation Requests to you. As far as I am concerned, my request has not been granted, and the last few emails received on a Friday was a coincidence.
I have 2 Questions:
1. Could you please confirm that check number #001 has been shredded, as that is my preference.
2. Have you accepted my request to limit email communications to Fridays only? Do you accept my Accommodation Request?
Regards,
Sameena
PS. Regarding Check #001: I anticipate that the narrative surrounding check #001 will be misconstrued, as I am confident and at the same time afraid that you and your legal representative will make the narrative out to be that I intentionally did not sign the cheque - To clarify, I did not intentionally leave the check unsigned.
Here's what really happened:
- On Saturday, September 30th, I visited CIBC to secure a money order for my rent. Unaware that it was a statutory holiday, I found a notice stating, “Banking centre is closed on September 30th, 2023 and October 2nd, 2023 to observe the National Day for Truth and Reconciliation.” Panicked and stressed about potentially being late on rent, I hastily wrote a check and unintentionally forgot to sign it under distress.
- Upon receiving your email on Friday, October 6th, notifying me that the check was unsigned, I panicked and that very same day, I obtained a money order for the same amount, and dropped it off in the slot downstairs at the Management office, which you confirmed its receipt on Friday, October 13th.
March 14th 2024
Urgent Plea for Hearing Format Accommodation - Severe Case of Anxiety and Financial Duress - File # LTB-L-081185-22 (CEL-04732-22)
Inbox
ALL EMAILS TO QR/LTB
LTB/Landlord
Sameena Fernandes <[email protected]>
Attachments
Thu, Mar 14, 4:55 PM
to LTB, aman.singh, Dennis, gordon.fyfe, Martin, Faith, me, bcc: Mike, bcc: Scott
Landlord and Tenant Board,
I am writing further on behalf of Ms. Sameena Fernandes regarding her email to [email protected] dated February 14th, 2024, at 3:44 AM. Ms. Fernandes has requested a change in the hearing format to written for File # LTB-L-081185-22 (CEL-04732-22) on account of her anxiety disorder, which renders her distressed in confrontational environments.
This email underscores the necessity of this accommodation to prevent further psychological harm and to ensure her ability to participate effectively in the legal process.
Ms. Fernandes suffers from profound anxiety and PTSD-like symptoms, a result of ongoing conflicts with her landlord, which significantly impair her ability to engage in verbal hearings. Dr. Goldberg, overseeing her treatment, emphasizes the severity of her condition, stating that verbal confrontation could lead to severe psychological shock.
Dr. Goldberg, who has been monitoring Ms. Fernandes closely, has articulated the gravity of her condition in no uncertain terms: "The events that occurred between Ms. Fernandes and her landlord were so extreme that they caused irreparable emotional and mental harm on her, symptoms resembling PTSD and trauma..." (Dr. Goldberg, March 9th, 2023).
The anxiety experienced by Ms. Fernandes is so crippling that Dr. Goldberg has explicitly stated, "It is therefore impossible for Ms. Fernandes to represent herself at any upcoming LTB hearings... with no legal representation." The severe panic attacks and anxiety disorder, as direct sequels of conflicts with her landlord, have ensnared her in a perpetual state of fear and debilitation.
She lives her professional life in anticipation of disruptive communications from her landlord, stating, "Please not sabotage my efforts to earn an income by sending me any more emails during the workweek..." (Dr. Goldberg, March 9th, 2023). These are not mere requests but desperate pleas for mental peace, systematically ignored, inflicting what has been termed as "anticipatory anxiety" on Ms. Fernandes.
Dr. Goldberg's insights paint a chilling picture: " If Ms. Fernandes were forced to participate in any hearing format other than a written one, she will most certainly go into severe anxiety attack characterized by inability to converse or think logically. She has exhibited this behavior in the past and will not be able to speak coherently, and if unsupported, not at all." (Dr. Goldberg, October 10th, 2023). This is not merely a concern for comfort; it is a matter of humane consideration for a person rendered utterly defenseless in the wake of anxiety.
This situation has left Ms. Fernandes financially destitute and psychologically vulnerable, compelling her to utilize TransHelp this morning for basic necessities such as visiting a food bank. Attached herewith is the "Proof of Assistance" document from Ontario Works, updated as of March 13, 2024, evidencing her current financial hardship.
Moreover, the attached Testimony of John Newland, dated March 30, 2021, and April 21st, 2021 further corroborates the pattern of behavior that has compounded Ms. Fernandes’s anxiety. Mr. Newland, acting in his capacity as a concerned party, has documented interactions and events that have contributed to Ms. Fernandes's psychological distress. His detailed account underscores the necessity of a written hearing format to avoid exacerbating Ms. Fernandes's condition, and it aligns with the substantial documentation already provided. This testimony is not only a crucial piece of evidence but a stark reminder of the ongoing challenges Ms. Fernandes faces, which I humbly request be mitigated through the Board's compassionate and immediate action.
Enclosed are the documents substantiating these points:
LTB - Accommodation Request Form 1.jpg
LTB - Accommodation Request Form 2.jpg
MARCH 9th DR. GoldBerg Letter New LTB Issues.pdf
OCT-10-2023 MEDICAL LETTER.pdf
Aug-5-2023 MEDICAL LETTER.pdf
Nov-23-2023 MEDICAL LETTER.pdf
Dec. 21-2023 MEDICAL LETTER.pdf
LTB - Request For Written Hearing Format.pdf
LTB-T-067383-22-IN.SIGNED.pdf
Sameena Fernandes - 3rd Accommodation Request.pdf
Proof of Assistance (Ontario Works) dated March 13, 2024.pdf
Testimony of John Newland
In view of the corroborating evidence and the gravity of Ms. Fernandes' request, we earnestly solicit the Landlord and Tenant Board to accord the necessary adjustments, allowing Ms. Fernandes to engage in the legal processes with justice and efficacy. It is with utmost gravity and pressing necessity that we beseech the Board to consider the severe psychological trauma that Ms. Fernandes is experiencing.
This plea is supported by established precedents of accommodations previously granted to Ms. Fernandes, which include:
1. The Landlord and Tenant Board's authorization of a written hearing format for Ms. Fernandes in the T2 application case against her landlord, referenced by File Number LTB-T-067383-22-IN (CET-02821-21), dated April 25th, 2023.
2. The affirmation by the Social Benefits Tribunal of a written hearing accommodation for Ms. Fernandes, substantiated on June 5th, 2023.
3. The adaptation by Ontario Works to Ms. Fernandes' condition through the arrangement of a written action plan meeting on July 26th, 2023, circumventing the need for a telephonic or face-to-face meeting.
Call to Action: We respectfully urge the Landlord and Tenant Board to grant a written hearing format for Ms. Fernandes (File # LTB-L-081185-22), consistent with medical recommendations and prior accommodations. This measure is not only a necessity for her mental health but a matter of justice, ensuring she can represent her interests effectively.
Conclusion: We trust in the Board's understanding and compassion towards individuals facing extraordinary circumstances like Ms. Fernandes.
Sincerely,
Scott Gallagher On behalf of Ms. Sameena Fernandes
Inbox
ALL EMAILS TO QR/LTB
LTB/Landlord
Sameena Fernandes <[email protected]>
Attachments
Thu, Mar 14, 4:55 PM
to LTB, aman.singh, Dennis, gordon.fyfe, Martin, Faith, me, bcc: Mike, bcc: Scott
Landlord and Tenant Board,
I am writing further on behalf of Ms. Sameena Fernandes regarding her email to [email protected] dated February 14th, 2024, at 3:44 AM. Ms. Fernandes has requested a change in the hearing format to written for File # LTB-L-081185-22 (CEL-04732-22) on account of her anxiety disorder, which renders her distressed in confrontational environments.
This email underscores the necessity of this accommodation to prevent further psychological harm and to ensure her ability to participate effectively in the legal process.
Ms. Fernandes suffers from profound anxiety and PTSD-like symptoms, a result of ongoing conflicts with her landlord, which significantly impair her ability to engage in verbal hearings. Dr. Goldberg, overseeing her treatment, emphasizes the severity of her condition, stating that verbal confrontation could lead to severe psychological shock.
Dr. Goldberg, who has been monitoring Ms. Fernandes closely, has articulated the gravity of her condition in no uncertain terms: "The events that occurred between Ms. Fernandes and her landlord were so extreme that they caused irreparable emotional and mental harm on her, symptoms resembling PTSD and trauma..." (Dr. Goldberg, March 9th, 2023).
The anxiety experienced by Ms. Fernandes is so crippling that Dr. Goldberg has explicitly stated, "It is therefore impossible for Ms. Fernandes to represent herself at any upcoming LTB hearings... with no legal representation." The severe panic attacks and anxiety disorder, as direct sequels of conflicts with her landlord, have ensnared her in a perpetual state of fear and debilitation.
She lives her professional life in anticipation of disruptive communications from her landlord, stating, "Please not sabotage my efforts to earn an income by sending me any more emails during the workweek..." (Dr. Goldberg, March 9th, 2023). These are not mere requests but desperate pleas for mental peace, systematically ignored, inflicting what has been termed as "anticipatory anxiety" on Ms. Fernandes.
Dr. Goldberg's insights paint a chilling picture: " If Ms. Fernandes were forced to participate in any hearing format other than a written one, she will most certainly go into severe anxiety attack characterized by inability to converse or think logically. She has exhibited this behavior in the past and will not be able to speak coherently, and if unsupported, not at all." (Dr. Goldberg, October 10th, 2023). This is not merely a concern for comfort; it is a matter of humane consideration for a person rendered utterly defenseless in the wake of anxiety.
This situation has left Ms. Fernandes financially destitute and psychologically vulnerable, compelling her to utilize TransHelp this morning for basic necessities such as visiting a food bank. Attached herewith is the "Proof of Assistance" document from Ontario Works, updated as of March 13, 2024, evidencing her current financial hardship.
Moreover, the attached Testimony of John Newland, dated March 30, 2021, and April 21st, 2021 further corroborates the pattern of behavior that has compounded Ms. Fernandes’s anxiety. Mr. Newland, acting in his capacity as a concerned party, has documented interactions and events that have contributed to Ms. Fernandes's psychological distress. His detailed account underscores the necessity of a written hearing format to avoid exacerbating Ms. Fernandes's condition, and it aligns with the substantial documentation already provided. This testimony is not only a crucial piece of evidence but a stark reminder of the ongoing challenges Ms. Fernandes faces, which I humbly request be mitigated through the Board's compassionate and immediate action.
Enclosed are the documents substantiating these points:
LTB - Accommodation Request Form 1.jpg
LTB - Accommodation Request Form 2.jpg
MARCH 9th DR. GoldBerg Letter New LTB Issues.pdf
OCT-10-2023 MEDICAL LETTER.pdf
Aug-5-2023 MEDICAL LETTER.pdf
Nov-23-2023 MEDICAL LETTER.pdf
Dec. 21-2023 MEDICAL LETTER.pdf
LTB - Request For Written Hearing Format.pdf
LTB-T-067383-22-IN.SIGNED.pdf
Sameena Fernandes - 3rd Accommodation Request.pdf
Proof of Assistance (Ontario Works) dated March 13, 2024.pdf
Testimony of John Newland
In view of the corroborating evidence and the gravity of Ms. Fernandes' request, we earnestly solicit the Landlord and Tenant Board to accord the necessary adjustments, allowing Ms. Fernandes to engage in the legal processes with justice and efficacy. It is with utmost gravity and pressing necessity that we beseech the Board to consider the severe psychological trauma that Ms. Fernandes is experiencing.
This plea is supported by established precedents of accommodations previously granted to Ms. Fernandes, which include:
1. The Landlord and Tenant Board's authorization of a written hearing format for Ms. Fernandes in the T2 application case against her landlord, referenced by File Number LTB-T-067383-22-IN (CET-02821-21), dated April 25th, 2023.
2. The affirmation by the Social Benefits Tribunal of a written hearing accommodation for Ms. Fernandes, substantiated on June 5th, 2023.
3. The adaptation by Ontario Works to Ms. Fernandes' condition through the arrangement of a written action plan meeting on July 26th, 2023, circumventing the need for a telephonic or face-to-face meeting.
Call to Action: We respectfully urge the Landlord and Tenant Board to grant a written hearing format for Ms. Fernandes (File # LTB-L-081185-22), consistent with medical recommendations and prior accommodations. This measure is not only a necessity for her mental health but a matter of justice, ensuring she can represent her interests effectively.
Conclusion: We trust in the Board's understanding and compassion towards individuals facing extraordinary circumstances like Ms. Fernandes.
Sincerely,
Scott Gallagher On behalf of Ms. Sameena Fernandes
april 17 2024 to aman
On Behalf of Sameena Fernandes <[email protected]>
Attachments
Wed, Apr 17, 4:06 PM
to aman.singh
From: Sameena Fernandes <[email protected]>
Sent: October 1, 2020 12:41 PM
To: Dennis Lopez <[email protected]>; Dean Holmes <[email protected]>; Patricia DeGasperis <[email protected]>
Cc: Maira de Barrientos <[email protected]>
Subject: FW: To Dennis Lopez
Reminder of the email I sent you on July 5th ;
“Dear Dennis,
My business was hit hard by Covid-19.
Prior to Covid, both mine, and Scott Gallagher’s businesses revolved around, and was dependent upon, face to face, in-person contact for marketing, closing deals and servicing our clients.
Social distancing laws destroyed that for both Scott and I, so we have been forced to re-invent ourselves as individual brands and businesses, working entirely from home connecting with people only online and over zoom now.
We have also had to create new businesses focused on delivering brand new offers in new ways (zoom video meetings combined with private membership sites which we are currently building to serve the new clients our new offers are targeting)
You can see my story here https://my1111agreement12.weebly.com/my-story.html
We are also doing important good work for the community volunteering our time helping www.alladdictionsanonymous.com (a not for profit organization founded by Scott Gallagher in 2003) where we just started helping suffering addicts over zoom video conferencing at 715am most mornings before we start work in our respective businesses.
I’m therefore respectfully making the following requests of you;
#1 Quadreal agrees to “NOT show the premises (10 Lisa Street #2502) to prospective purchasers or mortgages of the premises; either directly or through a real estate broker” from August 1st, 2020 up until July 31st, 2021 which is the date my lease renews and ends.
#2 I am also asking that you give me 90 days space to rebuild my business, and get it back on track financially. The details of this “90 days space” request have been communicated by me to you in this 42 minute and 49 second video https://youtu.be/DJLRGThh_Fc
#3 Finally, I’m also requesting that, in the event Quadreal chooses to put an N4, or any other paper work in the mail to me that is related to starting an eviction process on me, that you send me an email on the same day that you have put such a notice in the mail, or any other paper work related to starting an eviction process on me. I explain this more clearly in the video https://youtu.be/DJLRGThh_Fc
Should you choose to go that route with me, I am asking that I be given this extra notice via email to compensate me for the delays I am experiencing in receiving my mail as a result of not just Covid-19 issues but because of your employee Shakura Suthan which I have explained thoroughly here https://my1111agreement12.weebly.com/quadrealreprisals.html (this link has since been changed to https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html for privacy reasons)
As I have said in other communications to Quadreal, I have experienced constant hostility from Shakura whenever I have come to a personal encounter with her, meaning face-to-face, including accidentally bumping into her when our paths have crossed on numerous occasions. To keep my anxiety levels from escalating, I keep away from going to P1 as much as possible.
I should be able to see only who I want to see when I’m at home - and my home used to include the P1 area of 10 Lisa Street. Now, sadly it does not.
I do not feel safe going to the mailroom possibly bumping into Shakura , worrying about the virus, and the awkwardness of being in the elevator with the new rules of social distancing.
It is for these reasons that I’m asking you to send me an email on the same day an N4 addressed to me is put in the mail (should you choose to go that route with me).
Thank you for your time and consideration Dennis.
Sincerely,
Sameena Fernandes
https://my1111agreement12.weebly.com/quadrealreprisals.html (this link has since been changed to https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html for privacy reasons)“
IMPORTANT NOTE AND INTRODUCTION: The new message you are about to read is a continuation to the email sent to you on https://passionprojects.kartra.com/page/QuadRealAugust215PMLetter AND THIS PAGE https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html contains my entire case chronology along with Transcription attachments that go with each of the approximately 15 videos you received from me over the past number of months.
The tone my ghost writers used in their writing is stronger than what I had ideally wanted to communicate, so I apologize for not having the time or resources to edit the tone of their letters.
I do, however, stand behind the facts as outlined in this letter. I don’t have the time nor the energy to fight anymore. Therefore, please know that this is my final offer and I’m also letting you know in good-faith that this offer is non-negotiable so you can remain certain that I’m not taking advantage of any disingenuous stall tactics available to me.
I would only ask in return that you take in to consideration my anxiety condition (which my writers have detailed to you accurately more than once), and kindly notify me of your decision, AS SOON AS the decision has been made.
In other words, in the event your organization chooses to reject my proposal and move forward with serving me an N4, I’m asking you to please take into consideration everything I have communicated to your company which is all on these two page links https://passionprojects.kartra.com/page/QuadRealAugust215PMLetter and https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html with respect to my medically diagnosed anxiety condition - that as soon as your organization makes the decision to accept or reject this plan, please have the sensitivity and compassion to email me back on the very same day you make your decision to accept or reject my plan, and also please let me know on what date you expect your staff will be putting an N4 in the mail to be sent out to me, should that be your decision.
Knowing what actions you are going to take, and what to expect next, as soon as possible, will drastically reduce my current anxiety levels, and give me hope that I still might have a chance to earn enough money fast enough, to pay you back sooner than I can currently promise, based on my current economic situation and circumstances.
On July 5th, 2020, I told you numerous times that I would not be in a position to talk about or make any promises with respect to the money situation until October 5th, 2020 – provided that you would give me 90 days without any interruptions from QuadReal Management, so that I can do just that. Your actions have made it extremely difficult for me to succeed in making the money, so I can pay my rent arrears.
On August 4th, 2020 my former agent, Scott Gallagher sent an email (and key leaders, including the CEO of QuadReal were included in this email) representing my case for issues that related to the pending rent arrears I owe, and making some kind of a payment arrangement that you were repeatedly forcing me to commit to. In this email, Scott disclosed to you, QuadReal,
“As such, I can now confirm that due to Covid-19, it is impossible for Ms. Fernandes to commit to a specific and reasonable payment plan until she closes her next deal in her business. In fact, Ms Fernandes clearly communicated this to you on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html in her email/video (entitled “QuadReal July 5th Give Me 90 Days”)”
And he further went on to state:
“Both Ms. Fernandes and I are extremely confident that she would close at least one 10K plus deal as above, if you give her the 90 days space she has requested to focus on her business”. (As she has accomplished this many times before – when she is not bombarded with any outside distractions/triggers).
And:
… “you have chosen to go against Ms. Fernandes’ well-being request by sending your letter of 7/13, which indeed hurt her momentum which resulted in lost income.”
As I have repeatedly communicated in my previous emails/videos is that QuadReal’s number one intention is that I don’t succeed in being able to pay my rent and arrears, so that you can start the process of eviction, and replace me with a tenant that will pay the market rate for my suite, which is nearly $800 per month higher than I contractually pay. QuadReal staff/management has made things very uncomfortable for me impacting my reasonable enjoyment of this place, which a lot of the incidences that has been documented on this page https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html show QuadReal’s eagerness to intentionally cause me to jeopardize my tenancy at 10 Lisa Street.
Furthermore, Instead of giving the 90 days I needed to be able to make the money needed to pay the arrears in October of 2020, you did exactly what I told you would guarantee me not being able to pay the rent by repeatedly interrupting me, breaking my concentration, and preventing me from making the progress on my business that I needed to make.
But again, it is clear to me that everything you’ve done, especially continually interrupting me during the 90 day period I requested, is designed to give you an excuse to get rid of me so you can rent to a tenant that will pay more for my suite.
In his August 4th, 2020 email to QuadReal, Mr. Gallagher told you;
“I strongly suggest that you listen to Ms. Fernandes’ video again on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html (entiltled “QuadReal July 5th Give Me 90 Days) where she was clear that she would not make promises to you that she couldn’t keep.”
Regardless, you continuously kept badgering me to make payment arrangements with you after I was transparent with you about my vulnerable situation, and I wasn’t in a position where I could possibly make ‘reasonable’ payment arrangements with you. You had ignored my concerns.
After going back and forth with you though email correspondence after you refusing to cash my May rent cheque in the manner I delivered it to you in - and after me clearly disclosing to you my vulnerable situation, and why I had to give you my May’s rent from my business account (as a reminder, you chose to accept and cash in April paid from also my business account), and during the time of COVID, and it was just around the beginning of the pandemic),
finally on July 5th,2020 I specifically communicated to you the following;
“I am also asking that you give me 90 days space to rebuild my business, and get it back on track financially. The details of this “90 days space” request have been communicated by me to you in this 42 minute and 49 second video https://youtu.be/DJLRGThh_Fc “
Yet in your letter dated only 8 days later on July 13th, 2020 you once again demanded a repayment plan in order to further pressure me making it nearly impossible for me to very soon be in a position to pay the arrears (with ‘reasonable’ payment arrangements) You said:
“I urge you to contact me immediately at 416-673-7620 to discuss payment arrangements and to reach a documented repayment agreement. Failure to do so may be interpreted as an unwillingness on your part to structure an agreement for repayment of your outstanding rent and could eventually jeopardize your tenancy at 10 Lisa.”
I was trying so desperately to get my business back on track so that I could pay my rent and arrears, and yet you did the opposite of what I said, and my request for 90 days without contact from you or your staff went ignored and it wasn’t even acknowledged.
As a reminder, Patricia, on May 27th,2020 you said, … ”you could kindly advise us of your specific request.”
And, when I did make my request to give me 90 days of space with no interruptions and triggers from you, including pressuring me to make a payment plan, and it landed on deaf years, and it was not addressed, and after you specifically communicated to me …”you could kindly advise us of your specific request.” This statement from you, Patricia implies that I can make any request, and QuadReal will consider it, and given that, in the middle of a pandemic, Quadreal would want to find anyway possible to support my request, especially after you saying, … ”you could kindly advise us of your specific request.” This further shows that QuadReal is unwilling to work with me and meet me half way in a manner that would also serve me as a tenant, and not just QuadReal.
QuadReal July 5th Give Me 90 Days, YouTube Video (https://youtu.be/DJLRGThh_Fc)
To further support my commitment to turning my business around and getting the rent to you as fast as possible, I authorized Scott to act as my agent and represent me in this, so I could focus on making money instead of being distracted by correspondence from you which would impede me from earning money fast enough to not get evicted. In fact, in my letter to you dated July 31st,2020, I wrote,
“Therefore, please be advised that, I Sameena Fernandes, do hereby authorize Scott Gallagher to represent me, and act as my agent with respect to all matters related to my lease agreement with you at 10 Lisa Street suite 2502.”
Furthermore, on August 4th, 2020 Scott Gallagher (acting as my authorized agent and on my behalf) sent an email to the CEO-Dennis, Dean, Patricia and a couple other key leaders of QuadReal Management, stating…
“Ms. Fernandes made very clear in her July 5th, 2020 email/video (entitled “QuadReal July 5th “Give Me 90 days” on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html) that she could not be looking at - or responding to - any correspondence from QuadReal for 90 days (i.e. October 5th,2020) - as doing so would take her focus (as a self-employed person) off of her commitment to earning money as fast as possible so she can pay off her back rent.”
And:
“As you know from Sameena’s repeated requests, your communications badly trigger her Anxiety Condition, making it impossible for her to concentrate on earning money so she can pay off her back rent.”
QuadReal denied my right to have an agent represent me, so that I could concentrate on my business.
As I stated in my previous letter to you dated August 21st, 2020, and as I told you repeatedly, I have an anxiety condition, which is why I requested numerous times, if you have to deliver a letter, or put anything, such as an N4 in the mail, I would appreciate it if you could send me an email first letting me know in advance that something is coming, so that I can be expecting it and I am not shocked.
Yet, after communicating this to you, you chose to ignore another one of my many requests, and this time QuadReal Management/staff took it to the extreme by having one of QuadReal’s staff come and knock on my door unannounced every day for 3 days in a row to deliver this intimidating and threatening letter dated August 12,2020.
And as I also mentioned in my August 21, 2020 email letter, on the 3rd day when your employee knocked very loudly on my door scaring me, he refused to talk to my agent when he answered the door, demanding that I present myself to receive your letter, which threatened to put my tenancy in Jeopardy if I don’t contact you by August 14th, 2020 to make a payment plan, and I only received the letter on August 14th, 2020 giving me only hours to come up with a payment plan which I was obviously forced to come up with under duress. As you also know that this additional stress made it impossible for me to work for over a week.
Your letter stated,
“Your tenancy could be in jeopardy. If you fail to contact us by August 14th, 2020 we will assume that you have no intention to work with us to structure a payment plan agreement and therefore we will be forced to pursue legal remedies available to us under the Residential Tenancies Act.”
My request of July 5th, 2020 for you to give me some space to revitalize my business so that I could make money to pay you was my repayment plan request.
Yet you continually act as if I’m trying to avoid paying you, which has never been the case. During most of my tenancy in fact I have paid my rent as much as 3 months in advance.
In order to stop further harassment so that I could concentrate on making the money to pay my arrears, I submitted a set of post-dated checks representing yet another repayment plan on August 16th, 2020.
And on August 18th, 2020 Scott Gallagher sent the following email to Ms. DeGasperis because QuadReal refused to acknowledge him as my agent, when your employee demanded to see me when Scott answered the door identifying himself as my agent:
“The strategic tactics you had carried out last week through Maira resulted in me no longer representing Sameena Fernandes as her agent. “
Once again, this shows your intention is to sabotage me from succeeding at being able to pay my arrears so that you can get rid of me and rent my unit out to another tenant that would end up paying approximately $800 a month more plus utilities than what my rent is.
It is my right as a tenant to have an agent represent me and have all communications go through him. Yet you chose to circumvent my agent and therefore my right to have an agent represent me and communicate with you on my behalf, and therefore forced me to have to deal with these issues again personally so that I can be distracted from my business of earning money to pay the rent and arrears.
In my August 21st, 2020 letter, I stated in writing and on video (Video: 90 Days Authorized Agent Denied My Right)
“Like I said in my previous communications, as long as I don’t have any Interruptions which you have not respected or honored because you continue to do the opposite that I ask for my own wellbeing and sanity, and emotional, and financial and mental wellbeing that just give me 90 days (i.e. October 5th,2020) which is all I asked for”.
And also, in my August 21st, 2020 letter that went to Patricia, Maira, and all the Key Leadership of QuadReal, including the CEO and Vice-President-Dean Homes, I stated the following,
“Because I told you that is what I needed to pull off closing a 10K Plus Deal within 90 days, which I told you, it was ALL I needed to do and I could do it contingent upon you giving me that space” (without any interruptions from you), and I made this very clear numerous times, which to date, you have chosen to ignore entirely.
In your letter dated August 31st, 2020 you rejected my repayment plan, which would have covered my arrears with monthly payments over the course of the year starting October 1st, 2020, and you then proposed a repayment plan of your own that was basically “pay double rent until it’s paid off”:
“Accordingly, we are prepared to accept the payment of the arrears of rent in equal monthly instalments from September 2020 to February 2021 inclusive...”
Your above (‘unreasonable’) payment plan is just more evidence of your intention to sabotage my tenancy at 10 Lisa street, knowing that I would not be able to meet your above payment plan and demands as noted in your August 31st, 2020 letter.
Furthermore, in your letter of August 31st, 2020 you also said:
“We note that the last time that you made any payment for rent was April 1, 2020. No payment has been paid since that time.”
This is not true. I paid you on May 1st, 2020 and you rejected the payment. This was in the middle of a pandemic, with stress levels and fear running very high. This was far too trivial a matter to cause further stress and anxiety by not simply cashing the May rent cheque in the first place.
I’m still talking about the money like you wanted, but now let’s talk about the money I paid you, but you refused to accept.
The start of May, I gave you a cheque written on my business account dated May 1st, 2020 for my May rent, the exact same account that I wrote the rent cheque on for the previous month (April 1st, 2020). While you accepted the cheque for April’s rent, which was written from the same account as May’s rent, you refused to accept the cheque for the month of May, even though we were in the middle of the pandemic!
This is just another example of your attempt to drive me out so that you can rent my suite to someone that will pay the approximately $800 more per month plus utilities you could get from a new tenant.
Let me just remind you of a few facts:
On May 11th, 2020 I sent an email informing you that the envelope I received at my door which was unusual in that there was a note with no personalization in terms of who it was from, it was just an envelope with this short note enclosed saying that the cheque I provided for my May rent would not be accepted. More details are provided in this video: https://www.youtube.com/watch?v=DujP_SZEJxc&feature=youtu.be
In that same email I also shared with you that “I am now under a lot of stress and anxiety”. I told you from the beginning back in March that I struggle with an anxiety condition. And that by you giving me the run-around and a hard time, especially during the COVID pandemic, over something as trivial as not accepting the check I gave you from the only account at that time from which I could pay my rent from. Anything else would further put me in additional anxiety and stress (given the situation of the pandemic).
My May 11th, 2020 email, quoting from the video that was inserted in this email, titled ‘Landlord Message’, my past agent and roommate, Scott Gallagher pleaded on my behalf, “Cash the cheque!” And QuadReal Management blatantly refused to cash my cheque, regardless of my valid reason as I had explained why I had no choice, but to write the cheque from my business account, and with the pandemic and all, my fear and stress worsened. This email received no response from you.
Then on May 16th, 2020 after receiving no response from QuadReal Management, I sent a follow up email stating:
“it’s now just past midnight going into Saturday May 16th, 2020 and the only response I’ve gotten from you to the email/video you received last Sunday as been an automated message”.
On June 2nd, 2020, June 12th, 2020, June 17th, 2020, and August 21st, 2020, I repeatedly requested my cheque be returned to me. My requests/concerns for not having my May rent cheque returned (after it was clear that you will not cash) was not addressed. And as this very issue is still not accounted for, and which I communicated in my previous communications (more then once), that Sharaka probably intentionally destroyed the cheque, and has lied about it.
On June 2nd, 2020 my letter to Kerry said:
“Like yourself, I desire to get everything resolved urgently including having my check that has still not yet been returned - which I have gotten three emails from the lower Management staff refusing to accept this check - so I would obviously like it returned before I make any more payments to QuadReal”.
But it wasn’t until your letter of June 17th, 2020 where someone from QuadReal (Kerri) for the first time actually responded to this issue by stating:
“Regarding your cheque for May, I have been told that it was wrapped up in the letter that was given to you on May 5th, requesting that you replace your business cheque with a personal cheque.”
Notice Kerri’s choice of the words “I have been told that…”, almost as if Kerri herself did not believe the story!
Kerri mysteriously left your organization about 2 weeks after promising to watch my video dated June 2nd, 2020.
Both myself and Scott Gallagher were there to receive the letter. There was no cheque inside. Both Scott Gallagher and I have told QuadReal more than once that we are willing to take a lie detector test on this matter, and Scott Gallagher has offered to pay for that same lie detector test for the person that lied to you and said they included my check with the rejection letter. I can only assume that you were lied to about the cheque being with the letter because the employee (Sharaka) that lied about returning the cheque probably destroyed it.
In my August 21st, 2020 letter to you, I stated:
“After my repeated requests (and you repeatedly ignoring those requests) that my May rent cheque be returned, you and your management have stated recently that the cheque has already been returned. I have repeatedly stated that it was not returned to me, and that I, and now Scott Gallagher, have freely volunteered to take a lie detector test on this matter.”
Finally, in Patricia’s letter of August 31st, 2020 she said:
“We cannot account for the reason why you did not receive the company cheque that we returned to you on May 5, 2020. On that date we slid our covering letter and your cheque through the door frame so that the cheque would have been in your apartment on May 5, 2020, after we delivered this cheque back to you.”
First, it is nearly impossible to fit a letter through our door frame. Second, I have never received a letter during my tenancy in this manner. They are always shoved in between the door handle and never put through the actual door. I never see your notices until I walk out the door as they are never delivered inside my door. Ever! Therefore, I actually can account for the reason I didn’t receive my check. It’s because the person that told you they gave the cheque to me was lying.
Again, we were in the middle of a pandemic, and you refused to accept my May rent cheque because you didn’t like what account it was written on. This seems childish to me, and serves as more evidence of your intention to replace me with a tenant that will pay the higher rent that you could get.
You have declined my repayment plan offering to pay all my rent arrears plus September’s rent over the course of one year by returning my cheques. I also acknowledge that by not honoring my July 5th, 2020 request to give me 90 days (i.e. October 5th, 2020) of uninterrupted space, by actually doing the opposite of what I requested I needed in order to concentrate on my business (so that I could repay the arrears faster) your actions have actually sabotaged my ability to focus on revitalizing my business, earn enough income so that I could have the rent to you by October 5th, 2020 as I had intended in my plan as per my request to you of July 5th, 2020.
Your company actively sabotaged my ability to make money by constantly interrupting me and taking me away from my focus on my business.
The plan I originally offered merely took into account the reality of ramping up revenue as I begin to make my business work again. However, your repeated rejections of my request to give me sufficient space (i.e. until October 5th,2020) to revitalize my business have fallen on deaf ears, so that you can force me out of my suite.
Let’s continue our conversation about the money.
Any conversation about the money must include the choices QuadReal made to trigger my anxiety, and the worry of other tenants, in order to intentionally invoke fear in your tenants to make some of them want to move out sooner for the purpose of renting our suites for more money.
On February 21st, 2020 I received a 24-hour notice of entry from QuadReal on March 4th, 2020. (note the form had checkboxes, not bullet points, highlight for emphasis on the offending item is mine):
“For the following reasons:
• To show the premises to prospective purchasers or mortgagees of the premises; either directly or through a real estate broker
• To show the premises to prospective tenants
• Pinchin asbestos specialist needs access to all rooms in your suite for visual asbestos re-assessment. They will be inspecting all ceiling throughout the apartment and they will be accompanied by one of our management staff.”
By adding “To show the premises to prospective purchasers or mortgagees of the premises; either directly or through a real estate broker” and “To show the premises to prospective tenants” was meant to subtly suggest that you could come in and show our suites to buyers or renters any time you wanted, so that we would worry about you selling our suites out from under us.
Note that this clause was new, and was never in any of the 24-hour notices I’ve ever received during my tenancy prior to February 21st, 2020. It’s alarming that just as the new owner takes over, this new clause would be added to a form we had already seen many times.
I spoke to an attorney and in his professional opinion my request that was documented repeatedly on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html was reasonable, that you provide all the tenants at 10 Lisa St. a written statement that you would not be showing our suites, that the above-highlighted clause in the 24-Hour Notice does not apply to us, and that it was meant for another building. Especially since you attested that you had no intention to sell our units.
It is very obvious that to show the premises to prospective purchasers or mortgagees of the premises; either directly or through a real estate broker has the intention of causing all tenants to question their security and reasonable enjoyment in their home as a resident of 10 Lisa Street so they can move out on their own accord because many of these suites have a current market value of up to $800 more than they are currently rented for.
The effect this had on my roommate was causing him to give me his 60 days notice that he was leaving causing me to lose revenue I was getting to help me pay the rent.
And I repeatedly asked you to do a number of things to create some assurance, especially with my roommate whose rent I lost because of your actions, so that he would feel secure, and you refused to do it, which is why I had to negotiate with him to extend his stay here until I get this issue resolved with you.
The law does not allow QuadReal to increase rents that fast on current tenants. But if QuadReal can make people worry about when a buyer is coming through their suite, they might move out. And if they move out, QuadReal can charge the next tenant up to $800 more.
May 25th, 2020 (Communicated my request in writing and on video, ‘Management Reprisals At 10 Lisa’), June 2nd, 2020, June 12th, 2020, June 30th, 2020 , July 17th, 2020 (to just name a few dates, as there were other times as well) where you completely ignored all my requests for reassurance from you in writing that you would not be showing my unit to any renters, potential prospectors, or purchasers for the purpose of selling my unit for 9 months. And again, I asked this because the 24-Hour notice you gave me on February 21st, 2020 includes a clause allowing you to do this.
In your email of May 16th, 2020, in response to my concerns that this notice had caused my roommate to want to give me his notice of moving out, instead of giving me any kind of reassurance that would have caused my roommate to feel secure, Maira said only:
“Please confirm the date that Mr. Scott Gallagher should be removed as occupant of suite 2502-10 Lisa.”
Even though I shared with you the overwhelming stress and anxiety I was under as the pandemic hit some of us more aggressively than others, and while having to deal with payment issues with you, your unwillingness to properly reassure us in writing that you would not sell our suite cost me the income I was getting from my roommate, even though he has no anxiety issues at all. Incidentally, Scott has offered to extend his stay through till December or to whenever I get my rent issues resolved with you so that I don’t lose my “home”.
Reference to video of my plea to Scott (entitled, May 19th request for Scott – included on this page with the transcript below the video https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html)
In particular, please notice my letters to [email protected] and Maira De Barrientos dated May 11th, 2020 and May 16th, 2020 and Ms. De Barrientos reply of May 16th, 2020 and again on May 25th, 2020.
Instead of showing some human compassion, all you could do was ask when my roommate would move out, and forcing me into coming up with other methods of paying the rent during COVID-19 because you repeatedly refused to accept my May rent check.
I found this cold, inconsiderate, and unfeeling given that your inclusion of the above reasons for entering our suite stated on the notice, which as stated above upset other tenants not only us, caused me to lose the income I was getting from my roommate.
I will again note that none of the previous Notice Of Entry forms included those reasons highlighted above in yellow for entering at any time during my tenancy leading up to February 21st, 2020.
I am not the only tenant that thought these new clauses in the 24-hour notices meant at some point QuadReal might start showing our suites to prospective tenants, purchasers or mortgagees.
Note that Dean Homes stated in his letter dated June 1st, 2020;
“Presently neither QuadReal or the owners of the building have any intent to market any of the individual suites for sale including yours.”
And, so in other words, while QuadReal holds they had no intention of selling any of the units at 10 Lisa Street (at that moment), my request for a commitment in writing not to show my residence to potential renters or buyers is very reasonable.
So rather than directly address my request for written reassurance that you would not show my suite to buyers, I received the above boilerplate corporate-speak that defended your position without offering any real reassurance.
I made the above request to QuadReal Management/Key Leaders in nearly all my communications to QuadReal since May 25th, 2020 both in writing and more than once in my video communications on May 25th, 2020, June 2nd, 2020, June 12, 2020, June 30th, 2020, June 17th, 2020, June 30th, 2020, July 5th, 2020, and August 4th, 2020 (Scott Gallagher made the request on my behalf in his email communication to QuadReal Management team) He stated:
“That is EXACTLY the kind of reassurance that Ms. Fernandes needs in order to feel secure in her home!”
I would like to bring to your attention, that Dean Homes specifically used the words, ‘presently’ and ‘intent’, which does not give any assurance that my unit will not be sold, as intentions can change tomorrow.
As I made aware repeatedly in my emails/letters/videos that Dean’s statement (above) did not provide me with security, nor ease my fear and anxiety.
If QuadReal had been interested in operating in good faith, you would have simply agreed to my request to put it in writing, that you promised not to show my suite to prospective renters or buyers for 9 months. And you would have made a similar statement to all the other tenants, because you said you had no intention of selling. I didn’t ask for a guarantee that you wouldn’t sell. All I asked for was a guarantee that you wouldn’t show my suite to prospective buyers or tenants for a period of 9 months.
On June 2nd, 2020, June 30th, 2020 and August 21st, 2020 I asked you both in writing and on video that you make an announcement to all the tenants of 10 Lisa Street notifying them that you would not be selling our units. And in my June 17th, 2020 email, referring to the web page (https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html) - and it has been updated since where I had stored all the referred to correspondence and documentation, which included this very request, my concerns were not addressed even though Kerri and Patricia both promised they would address all my concerns. To this date that promise still remains broken as you continue to dodge my requests by repeatedly using corporate speak such as “intention” and “at this time”.
The entire world has been consumed with fear and sometimes terror for vulnerable self-employed people like myself, for the past 5 months or so, and I was not the only tenant that has been afraid of one day possibly losing her “home” because of that notice. It is not unreasonable for me to ask for such a statement to make all your tenants feel more at ease during a very traumatic time.
It was not until I made clear that I would not discuss repayment arrangements until you acknowledged this request that you finally acknowledged that request by refusing it in your email of July 13th, 2020. You declined my request by saying the following:
“No, we will not agree to your request as outlined in point #1”,
In that letter, point #1 referred to the following statement which I requested numerous times in writing, and as I said, was repeatedly ignored.
The request was:
Quadreal agrees to “NOT show the premises (10 Lisa Street #2502) to prospective purchasers or mortgages of the premises; either directly or through a real estate broker” from August 1st, 2020 up until July 31st, 2021 which is the date my lease renews and ends.
All this despite the many times I advised you of my medically diagnosed anxiety issue, and how your constant threatening interruptions sabotaged me from focusing on reviving my business so that I could pay my arrears to you.
Bearing in mind that your repeated refusal to support my request to give me enough space and peace to revitalize my business so that I might have actually been able to pay most if not all of the arrears off by October 5th, 2020, which obviously can’t happen because of your constant interruptions to my being able to focus on making money over the past couple of months, July 5th, 2020 when I advised you to not interrupt me, that I needed 90 days to bring in a significant deal as I have done it many times before if I just had the space to focus without any triggers and distractions from you. And again, you did the OPPOSITE.
Keeping that in mind, here is the context for my proposed repayment plan…
Based on the figures you have given me so far, as of today, October 1st, 2020 I owe you $10,615.46 and based on what Patricia said in her August 31st, 2020 email, “Your monthly rent is currently $1776.00 and your rent increase has been deferred until we give you notice that we will be collecting the deferred rent increase”, and based on everything I have stated to you in this communication along with what was said in all the video transcription attachments you the over 52 pages that have been updated promptly on this page https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html and in particular, your constant sabotaging efforts I have talked about in the document, as promised, this is my non-negotiable and final payment term proposal for your consideration.
In this plan, 10 Monthly payments, with the first payment starting on December 1st, 2020 in the amount of $3015.46 will result in me being back into financial integrity with QuadReal, with my arrears paid in full with the September 1st, 2021 payment.
I have given this proposal a great deal of thought, based upon me first taking into consideration my total anticipated monthly revenues from each of the months starting from December 1st, 2020 until the last of the 10 payments is made on September 1st, 2021.
Just as Scott said to you on a few occasions:
“As such, I can now confirm that due to Covid-19, it is impossible for Ms. Fernandes to commit to a specific and reasonable payment plan until she closes her next deal in her business. In fact, Ms Fernandes clearly communicated this to you on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html in her email/video (entitled “QuadReal July 5th Give Me 90 Days”)”
And he further went on to state:
“Both Ms. Fernandes and I are extremely confident that she would close at least one 10K plus deal as above, if you give her the 90 days space she has requested to focus on her business”.
And:
… “you have chosen to go against Ms. Fernandes’ well-being request by sending your letter of 7/13, which indeed hurt her momentum which resulted in lost income.”
I won’t be able to accept a repayment framework with higher payments, or a start date any earlier than December 1st, 2020 because if I were to enter into such a contract knowing that I might not be able to keep to the terms, I would be entering into that agreement in bad faith.
In Summary, in this letter I’ve referenced dates, particulars, events, and key noted communications between Quadreal, my former agent, and myself.
Also in summary, we discussed in this letter how you refused to accept my May rent cheque, in the middle of a pandemic, because you wanted it written on a different account.
Starting July 5th, 2020 I requested 90 days of space with no interruptions from QuadReal as it would distract me from bringing revenue into my business causing a delay in paying my rent and arrears. And referencing these dates specifically, May 27th, 2020, July 13th, 2020, August 14th, 2020, August 31st, 2020, I received communications from QuadReal that I found disturbing, which took my focus out of getting my business on track.
This further shows your intention to sabotage me, when you knew as I repeatedly told you what it was that I needed in order for me to come back to you and make a reasonable repayment plan, which was to give me until October 5th, 2020 with no interruptions. And you chose to do the exact opposite, so that you could prevent me from bringing in enough revenue to pay my rent and arrears, and replace me with a higher paying tenant.
And in final summary, you intentionally made your tenants anxious by “accidentally” using the 24-hour notice from another building, stating that you could show our suites to prospective buyers and renters. You refused my requests to make it clear to all of us that you had no intention of selling our units, all in hopes that some of us would leave of our own accord so you could replace us with tenants paying a higher rent.
Therefore, I respectfully request that, in the event your organization chooses to reject my proposal and move forward with serving me an N4, I’m asking you to please direct your staff to take into consideration everything I have communicated to your company which is all on this page link https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html with respect to my medically diagnosed anxiety condition, along with the part that QuadReal played in contributing to my anxiety worsening, as has been communicated to QuadReal in practically real time on this page https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html - that as soon as your organization makes the decision to accept or reject this plan, please have the compassion to email me back on the same day you make your decision to accept or reject my plan, and also let me know on what date you expect your staff will be putting an N4 in the mail to be sent to me.
Sameena Fernandes
P.S. Transcripts of various key videos included in previous emails sent out to QuadReal have been attached and also included on this page https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html
Attachments
Wed, Apr 17, 4:06 PM
to aman.singh
From: Sameena Fernandes <[email protected]>
Sent: October 1, 2020 12:41 PM
To: Dennis Lopez <[email protected]>; Dean Holmes <[email protected]>; Patricia DeGasperis <[email protected]>
Cc: Maira de Barrientos <[email protected]>
Subject: FW: To Dennis Lopez
Reminder of the email I sent you on July 5th ;
“Dear Dennis,
My business was hit hard by Covid-19.
Prior to Covid, both mine, and Scott Gallagher’s businesses revolved around, and was dependent upon, face to face, in-person contact for marketing, closing deals and servicing our clients.
Social distancing laws destroyed that for both Scott and I, so we have been forced to re-invent ourselves as individual brands and businesses, working entirely from home connecting with people only online and over zoom now.
We have also had to create new businesses focused on delivering brand new offers in new ways (zoom video meetings combined with private membership sites which we are currently building to serve the new clients our new offers are targeting)
You can see my story here https://my1111agreement12.weebly.com/my-story.html
We are also doing important good work for the community volunteering our time helping www.alladdictionsanonymous.com (a not for profit organization founded by Scott Gallagher in 2003) where we just started helping suffering addicts over zoom video conferencing at 715am most mornings before we start work in our respective businesses.
I’m therefore respectfully making the following requests of you;
#1 Quadreal agrees to “NOT show the premises (10 Lisa Street #2502) to prospective purchasers or mortgages of the premises; either directly or through a real estate broker” from August 1st, 2020 up until July 31st, 2021 which is the date my lease renews and ends.
#2 I am also asking that you give me 90 days space to rebuild my business, and get it back on track financially. The details of this “90 days space” request have been communicated by me to you in this 42 minute and 49 second video https://youtu.be/DJLRGThh_Fc
#3 Finally, I’m also requesting that, in the event Quadreal chooses to put an N4, or any other paper work in the mail to me that is related to starting an eviction process on me, that you send me an email on the same day that you have put such a notice in the mail, or any other paper work related to starting an eviction process on me. I explain this more clearly in the video https://youtu.be/DJLRGThh_Fc
Should you choose to go that route with me, I am asking that I be given this extra notice via email to compensate me for the delays I am experiencing in receiving my mail as a result of not just Covid-19 issues but because of your employee Shakura Suthan which I have explained thoroughly here https://my1111agreement12.weebly.com/quadrealreprisals.html (this link has since been changed to https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html for privacy reasons)
As I have said in other communications to Quadreal, I have experienced constant hostility from Shakura whenever I have come to a personal encounter with her, meaning face-to-face, including accidentally bumping into her when our paths have crossed on numerous occasions. To keep my anxiety levels from escalating, I keep away from going to P1 as much as possible.
I should be able to see only who I want to see when I’m at home - and my home used to include the P1 area of 10 Lisa Street. Now, sadly it does not.
I do not feel safe going to the mailroom possibly bumping into Shakura , worrying about the virus, and the awkwardness of being in the elevator with the new rules of social distancing.
It is for these reasons that I’m asking you to send me an email on the same day an N4 addressed to me is put in the mail (should you choose to go that route with me).
Thank you for your time and consideration Dennis.
Sincerely,
Sameena Fernandes
https://my1111agreement12.weebly.com/quadrealreprisals.html (this link has since been changed to https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html for privacy reasons)“
IMPORTANT NOTE AND INTRODUCTION: The new message you are about to read is a continuation to the email sent to you on https://passionprojects.kartra.com/page/QuadRealAugust215PMLetter AND THIS PAGE https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html contains my entire case chronology along with Transcription attachments that go with each of the approximately 15 videos you received from me over the past number of months.
The tone my ghost writers used in their writing is stronger than what I had ideally wanted to communicate, so I apologize for not having the time or resources to edit the tone of their letters.
I do, however, stand behind the facts as outlined in this letter. I don’t have the time nor the energy to fight anymore. Therefore, please know that this is my final offer and I’m also letting you know in good-faith that this offer is non-negotiable so you can remain certain that I’m not taking advantage of any disingenuous stall tactics available to me.
I would only ask in return that you take in to consideration my anxiety condition (which my writers have detailed to you accurately more than once), and kindly notify me of your decision, AS SOON AS the decision has been made.
In other words, in the event your organization chooses to reject my proposal and move forward with serving me an N4, I’m asking you to please take into consideration everything I have communicated to your company which is all on these two page links https://passionprojects.kartra.com/page/QuadRealAugust215PMLetter and https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html with respect to my medically diagnosed anxiety condition - that as soon as your organization makes the decision to accept or reject this plan, please have the sensitivity and compassion to email me back on the very same day you make your decision to accept or reject my plan, and also please let me know on what date you expect your staff will be putting an N4 in the mail to be sent out to me, should that be your decision.
Knowing what actions you are going to take, and what to expect next, as soon as possible, will drastically reduce my current anxiety levels, and give me hope that I still might have a chance to earn enough money fast enough, to pay you back sooner than I can currently promise, based on my current economic situation and circumstances.
On July 5th, 2020, I told you numerous times that I would not be in a position to talk about or make any promises with respect to the money situation until October 5th, 2020 – provided that you would give me 90 days without any interruptions from QuadReal Management, so that I can do just that. Your actions have made it extremely difficult for me to succeed in making the money, so I can pay my rent arrears.
On August 4th, 2020 my former agent, Scott Gallagher sent an email (and key leaders, including the CEO of QuadReal were included in this email) representing my case for issues that related to the pending rent arrears I owe, and making some kind of a payment arrangement that you were repeatedly forcing me to commit to. In this email, Scott disclosed to you, QuadReal,
“As such, I can now confirm that due to Covid-19, it is impossible for Ms. Fernandes to commit to a specific and reasonable payment plan until she closes her next deal in her business. In fact, Ms Fernandes clearly communicated this to you on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html in her email/video (entitled “QuadReal July 5th Give Me 90 Days”)”
And he further went on to state:
“Both Ms. Fernandes and I are extremely confident that she would close at least one 10K plus deal as above, if you give her the 90 days space she has requested to focus on her business”. (As she has accomplished this many times before – when she is not bombarded with any outside distractions/triggers).
And:
… “you have chosen to go against Ms. Fernandes’ well-being request by sending your letter of 7/13, which indeed hurt her momentum which resulted in lost income.”
As I have repeatedly communicated in my previous emails/videos is that QuadReal’s number one intention is that I don’t succeed in being able to pay my rent and arrears, so that you can start the process of eviction, and replace me with a tenant that will pay the market rate for my suite, which is nearly $800 per month higher than I contractually pay. QuadReal staff/management has made things very uncomfortable for me impacting my reasonable enjoyment of this place, which a lot of the incidences that has been documented on this page https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html show QuadReal’s eagerness to intentionally cause me to jeopardize my tenancy at 10 Lisa Street.
Furthermore, Instead of giving the 90 days I needed to be able to make the money needed to pay the arrears in October of 2020, you did exactly what I told you would guarantee me not being able to pay the rent by repeatedly interrupting me, breaking my concentration, and preventing me from making the progress on my business that I needed to make.
But again, it is clear to me that everything you’ve done, especially continually interrupting me during the 90 day period I requested, is designed to give you an excuse to get rid of me so you can rent to a tenant that will pay more for my suite.
In his August 4th, 2020 email to QuadReal, Mr. Gallagher told you;
“I strongly suggest that you listen to Ms. Fernandes’ video again on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html (entiltled “QuadReal July 5th Give Me 90 Days) where she was clear that she would not make promises to you that she couldn’t keep.”
Regardless, you continuously kept badgering me to make payment arrangements with you after I was transparent with you about my vulnerable situation, and I wasn’t in a position where I could possibly make ‘reasonable’ payment arrangements with you. You had ignored my concerns.
After going back and forth with you though email correspondence after you refusing to cash my May rent cheque in the manner I delivered it to you in - and after me clearly disclosing to you my vulnerable situation, and why I had to give you my May’s rent from my business account (as a reminder, you chose to accept and cash in April paid from also my business account), and during the time of COVID, and it was just around the beginning of the pandemic),
finally on July 5th,2020 I specifically communicated to you the following;
“I am also asking that you give me 90 days space to rebuild my business, and get it back on track financially. The details of this “90 days space” request have been communicated by me to you in this 42 minute and 49 second video https://youtu.be/DJLRGThh_Fc “
Yet in your letter dated only 8 days later on July 13th, 2020 you once again demanded a repayment plan in order to further pressure me making it nearly impossible for me to very soon be in a position to pay the arrears (with ‘reasonable’ payment arrangements) You said:
“I urge you to contact me immediately at 416-673-7620 to discuss payment arrangements and to reach a documented repayment agreement. Failure to do so may be interpreted as an unwillingness on your part to structure an agreement for repayment of your outstanding rent and could eventually jeopardize your tenancy at 10 Lisa.”
I was trying so desperately to get my business back on track so that I could pay my rent and arrears, and yet you did the opposite of what I said, and my request for 90 days without contact from you or your staff went ignored and it wasn’t even acknowledged.
As a reminder, Patricia, on May 27th,2020 you said, … ”you could kindly advise us of your specific request.”
And, when I did make my request to give me 90 days of space with no interruptions and triggers from you, including pressuring me to make a payment plan, and it landed on deaf years, and it was not addressed, and after you specifically communicated to me …”you could kindly advise us of your specific request.” This statement from you, Patricia implies that I can make any request, and QuadReal will consider it, and given that, in the middle of a pandemic, Quadreal would want to find anyway possible to support my request, especially after you saying, … ”you could kindly advise us of your specific request.” This further shows that QuadReal is unwilling to work with me and meet me half way in a manner that would also serve me as a tenant, and not just QuadReal.
QuadReal July 5th Give Me 90 Days, YouTube Video (https://youtu.be/DJLRGThh_Fc)
To further support my commitment to turning my business around and getting the rent to you as fast as possible, I authorized Scott to act as my agent and represent me in this, so I could focus on making money instead of being distracted by correspondence from you which would impede me from earning money fast enough to not get evicted. In fact, in my letter to you dated July 31st,2020, I wrote,
“Therefore, please be advised that, I Sameena Fernandes, do hereby authorize Scott Gallagher to represent me, and act as my agent with respect to all matters related to my lease agreement with you at 10 Lisa Street suite 2502.”
Furthermore, on August 4th, 2020 Scott Gallagher (acting as my authorized agent and on my behalf) sent an email to the CEO-Dennis, Dean, Patricia and a couple other key leaders of QuadReal Management, stating…
“Ms. Fernandes made very clear in her July 5th, 2020 email/video (entitled “QuadReal July 5th “Give Me 90 days” on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html) that she could not be looking at - or responding to - any correspondence from QuadReal for 90 days (i.e. October 5th,2020) - as doing so would take her focus (as a self-employed person) off of her commitment to earning money as fast as possible so she can pay off her back rent.”
And:
“As you know from Sameena’s repeated requests, your communications badly trigger her Anxiety Condition, making it impossible for her to concentrate on earning money so she can pay off her back rent.”
QuadReal denied my right to have an agent represent me, so that I could concentrate on my business.
As I stated in my previous letter to you dated August 21st, 2020, and as I told you repeatedly, I have an anxiety condition, which is why I requested numerous times, if you have to deliver a letter, or put anything, such as an N4 in the mail, I would appreciate it if you could send me an email first letting me know in advance that something is coming, so that I can be expecting it and I am not shocked.
Yet, after communicating this to you, you chose to ignore another one of my many requests, and this time QuadReal Management/staff took it to the extreme by having one of QuadReal’s staff come and knock on my door unannounced every day for 3 days in a row to deliver this intimidating and threatening letter dated August 12,2020.
And as I also mentioned in my August 21, 2020 email letter, on the 3rd day when your employee knocked very loudly on my door scaring me, he refused to talk to my agent when he answered the door, demanding that I present myself to receive your letter, which threatened to put my tenancy in Jeopardy if I don’t contact you by August 14th, 2020 to make a payment plan, and I only received the letter on August 14th, 2020 giving me only hours to come up with a payment plan which I was obviously forced to come up with under duress. As you also know that this additional stress made it impossible for me to work for over a week.
Your letter stated,
“Your tenancy could be in jeopardy. If you fail to contact us by August 14th, 2020 we will assume that you have no intention to work with us to structure a payment plan agreement and therefore we will be forced to pursue legal remedies available to us under the Residential Tenancies Act.”
My request of July 5th, 2020 for you to give me some space to revitalize my business so that I could make money to pay you was my repayment plan request.
Yet you continually act as if I’m trying to avoid paying you, which has never been the case. During most of my tenancy in fact I have paid my rent as much as 3 months in advance.
In order to stop further harassment so that I could concentrate on making the money to pay my arrears, I submitted a set of post-dated checks representing yet another repayment plan on August 16th, 2020.
And on August 18th, 2020 Scott Gallagher sent the following email to Ms. DeGasperis because QuadReal refused to acknowledge him as my agent, when your employee demanded to see me when Scott answered the door identifying himself as my agent:
“The strategic tactics you had carried out last week through Maira resulted in me no longer representing Sameena Fernandes as her agent. “
Once again, this shows your intention is to sabotage me from succeeding at being able to pay my arrears so that you can get rid of me and rent my unit out to another tenant that would end up paying approximately $800 a month more plus utilities than what my rent is.
It is my right as a tenant to have an agent represent me and have all communications go through him. Yet you chose to circumvent my agent and therefore my right to have an agent represent me and communicate with you on my behalf, and therefore forced me to have to deal with these issues again personally so that I can be distracted from my business of earning money to pay the rent and arrears.
In my August 21st, 2020 letter, I stated in writing and on video (Video: 90 Days Authorized Agent Denied My Right)
“Like I said in my previous communications, as long as I don’t have any Interruptions which you have not respected or honored because you continue to do the opposite that I ask for my own wellbeing and sanity, and emotional, and financial and mental wellbeing that just give me 90 days (i.e. October 5th,2020) which is all I asked for”.
And also, in my August 21st, 2020 letter that went to Patricia, Maira, and all the Key Leadership of QuadReal, including the CEO and Vice-President-Dean Homes, I stated the following,
“Because I told you that is what I needed to pull off closing a 10K Plus Deal within 90 days, which I told you, it was ALL I needed to do and I could do it contingent upon you giving me that space” (without any interruptions from you), and I made this very clear numerous times, which to date, you have chosen to ignore entirely.
In your letter dated August 31st, 2020 you rejected my repayment plan, which would have covered my arrears with monthly payments over the course of the year starting October 1st, 2020, and you then proposed a repayment plan of your own that was basically “pay double rent until it’s paid off”:
“Accordingly, we are prepared to accept the payment of the arrears of rent in equal monthly instalments from September 2020 to February 2021 inclusive...”
Your above (‘unreasonable’) payment plan is just more evidence of your intention to sabotage my tenancy at 10 Lisa street, knowing that I would not be able to meet your above payment plan and demands as noted in your August 31st, 2020 letter.
Furthermore, in your letter of August 31st, 2020 you also said:
“We note that the last time that you made any payment for rent was April 1, 2020. No payment has been paid since that time.”
This is not true. I paid you on May 1st, 2020 and you rejected the payment. This was in the middle of a pandemic, with stress levels and fear running very high. This was far too trivial a matter to cause further stress and anxiety by not simply cashing the May rent cheque in the first place.
I’m still talking about the money like you wanted, but now let’s talk about the money I paid you, but you refused to accept.
The start of May, I gave you a cheque written on my business account dated May 1st, 2020 for my May rent, the exact same account that I wrote the rent cheque on for the previous month (April 1st, 2020). While you accepted the cheque for April’s rent, which was written from the same account as May’s rent, you refused to accept the cheque for the month of May, even though we were in the middle of the pandemic!
This is just another example of your attempt to drive me out so that you can rent my suite to someone that will pay the approximately $800 more per month plus utilities you could get from a new tenant.
Let me just remind you of a few facts:
On May 11th, 2020 I sent an email informing you that the envelope I received at my door which was unusual in that there was a note with no personalization in terms of who it was from, it was just an envelope with this short note enclosed saying that the cheque I provided for my May rent would not be accepted. More details are provided in this video: https://www.youtube.com/watch?v=DujP_SZEJxc&feature=youtu.be
In that same email I also shared with you that “I am now under a lot of stress and anxiety”. I told you from the beginning back in March that I struggle with an anxiety condition. And that by you giving me the run-around and a hard time, especially during the COVID pandemic, over something as trivial as not accepting the check I gave you from the only account at that time from which I could pay my rent from. Anything else would further put me in additional anxiety and stress (given the situation of the pandemic).
My May 11th, 2020 email, quoting from the video that was inserted in this email, titled ‘Landlord Message’, my past agent and roommate, Scott Gallagher pleaded on my behalf, “Cash the cheque!” And QuadReal Management blatantly refused to cash my cheque, regardless of my valid reason as I had explained why I had no choice, but to write the cheque from my business account, and with the pandemic and all, my fear and stress worsened. This email received no response from you.
Then on May 16th, 2020 after receiving no response from QuadReal Management, I sent a follow up email stating:
“it’s now just past midnight going into Saturday May 16th, 2020 and the only response I’ve gotten from you to the email/video you received last Sunday as been an automated message”.
On June 2nd, 2020, June 12th, 2020, June 17th, 2020, and August 21st, 2020, I repeatedly requested my cheque be returned to me. My requests/concerns for not having my May rent cheque returned (after it was clear that you will not cash) was not addressed. And as this very issue is still not accounted for, and which I communicated in my previous communications (more then once), that Sharaka probably intentionally destroyed the cheque, and has lied about it.
On June 2nd, 2020 my letter to Kerry said:
“Like yourself, I desire to get everything resolved urgently including having my check that has still not yet been returned - which I have gotten three emails from the lower Management staff refusing to accept this check - so I would obviously like it returned before I make any more payments to QuadReal”.
But it wasn’t until your letter of June 17th, 2020 where someone from QuadReal (Kerri) for the first time actually responded to this issue by stating:
“Regarding your cheque for May, I have been told that it was wrapped up in the letter that was given to you on May 5th, requesting that you replace your business cheque with a personal cheque.”
Notice Kerri’s choice of the words “I have been told that…”, almost as if Kerri herself did not believe the story!
Kerri mysteriously left your organization about 2 weeks after promising to watch my video dated June 2nd, 2020.
Both myself and Scott Gallagher were there to receive the letter. There was no cheque inside. Both Scott Gallagher and I have told QuadReal more than once that we are willing to take a lie detector test on this matter, and Scott Gallagher has offered to pay for that same lie detector test for the person that lied to you and said they included my check with the rejection letter. I can only assume that you were lied to about the cheque being with the letter because the employee (Sharaka) that lied about returning the cheque probably destroyed it.
In my August 21st, 2020 letter to you, I stated:
“After my repeated requests (and you repeatedly ignoring those requests) that my May rent cheque be returned, you and your management have stated recently that the cheque has already been returned. I have repeatedly stated that it was not returned to me, and that I, and now Scott Gallagher, have freely volunteered to take a lie detector test on this matter.”
Finally, in Patricia’s letter of August 31st, 2020 she said:
“We cannot account for the reason why you did not receive the company cheque that we returned to you on May 5, 2020. On that date we slid our covering letter and your cheque through the door frame so that the cheque would have been in your apartment on May 5, 2020, after we delivered this cheque back to you.”
First, it is nearly impossible to fit a letter through our door frame. Second, I have never received a letter during my tenancy in this manner. They are always shoved in between the door handle and never put through the actual door. I never see your notices until I walk out the door as they are never delivered inside my door. Ever! Therefore, I actually can account for the reason I didn’t receive my check. It’s because the person that told you they gave the cheque to me was lying.
Again, we were in the middle of a pandemic, and you refused to accept my May rent cheque because you didn’t like what account it was written on. This seems childish to me, and serves as more evidence of your intention to replace me with a tenant that will pay the higher rent that you could get.
You have declined my repayment plan offering to pay all my rent arrears plus September’s rent over the course of one year by returning my cheques. I also acknowledge that by not honoring my July 5th, 2020 request to give me 90 days (i.e. October 5th, 2020) of uninterrupted space, by actually doing the opposite of what I requested I needed in order to concentrate on my business (so that I could repay the arrears faster) your actions have actually sabotaged my ability to focus on revitalizing my business, earn enough income so that I could have the rent to you by October 5th, 2020 as I had intended in my plan as per my request to you of July 5th, 2020.
Your company actively sabotaged my ability to make money by constantly interrupting me and taking me away from my focus on my business.
The plan I originally offered merely took into account the reality of ramping up revenue as I begin to make my business work again. However, your repeated rejections of my request to give me sufficient space (i.e. until October 5th,2020) to revitalize my business have fallen on deaf ears, so that you can force me out of my suite.
Let’s continue our conversation about the money.
Any conversation about the money must include the choices QuadReal made to trigger my anxiety, and the worry of other tenants, in order to intentionally invoke fear in your tenants to make some of them want to move out sooner for the purpose of renting our suites for more money.
On February 21st, 2020 I received a 24-hour notice of entry from QuadReal on March 4th, 2020. (note the form had checkboxes, not bullet points, highlight for emphasis on the offending item is mine):
“For the following reasons:
• To show the premises to prospective purchasers or mortgagees of the premises; either directly or through a real estate broker
• To show the premises to prospective tenants
• Pinchin asbestos specialist needs access to all rooms in your suite for visual asbestos re-assessment. They will be inspecting all ceiling throughout the apartment and they will be accompanied by one of our management staff.”
By adding “To show the premises to prospective purchasers or mortgagees of the premises; either directly or through a real estate broker” and “To show the premises to prospective tenants” was meant to subtly suggest that you could come in and show our suites to buyers or renters any time you wanted, so that we would worry about you selling our suites out from under us.
Note that this clause was new, and was never in any of the 24-hour notices I’ve ever received during my tenancy prior to February 21st, 2020. It’s alarming that just as the new owner takes over, this new clause would be added to a form we had already seen many times.
I spoke to an attorney and in his professional opinion my request that was documented repeatedly on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html was reasonable, that you provide all the tenants at 10 Lisa St. a written statement that you would not be showing our suites, that the above-highlighted clause in the 24-Hour Notice does not apply to us, and that it was meant for another building. Especially since you attested that you had no intention to sell our units.
It is very obvious that to show the premises to prospective purchasers or mortgagees of the premises; either directly or through a real estate broker has the intention of causing all tenants to question their security and reasonable enjoyment in their home as a resident of 10 Lisa Street so they can move out on their own accord because many of these suites have a current market value of up to $800 more than they are currently rented for.
The effect this had on my roommate was causing him to give me his 60 days notice that he was leaving causing me to lose revenue I was getting to help me pay the rent.
And I repeatedly asked you to do a number of things to create some assurance, especially with my roommate whose rent I lost because of your actions, so that he would feel secure, and you refused to do it, which is why I had to negotiate with him to extend his stay here until I get this issue resolved with you.
The law does not allow QuadReal to increase rents that fast on current tenants. But if QuadReal can make people worry about when a buyer is coming through their suite, they might move out. And if they move out, QuadReal can charge the next tenant up to $800 more.
May 25th, 2020 (Communicated my request in writing and on video, ‘Management Reprisals At 10 Lisa’), June 2nd, 2020, June 12th, 2020, June 30th, 2020 , July 17th, 2020 (to just name a few dates, as there were other times as well) where you completely ignored all my requests for reassurance from you in writing that you would not be showing my unit to any renters, potential prospectors, or purchasers for the purpose of selling my unit for 9 months. And again, I asked this because the 24-Hour notice you gave me on February 21st, 2020 includes a clause allowing you to do this.
In your email of May 16th, 2020, in response to my concerns that this notice had caused my roommate to want to give me his notice of moving out, instead of giving me any kind of reassurance that would have caused my roommate to feel secure, Maira said only:
“Please confirm the date that Mr. Scott Gallagher should be removed as occupant of suite 2502-10 Lisa.”
Even though I shared with you the overwhelming stress and anxiety I was under as the pandemic hit some of us more aggressively than others, and while having to deal with payment issues with you, your unwillingness to properly reassure us in writing that you would not sell our suite cost me the income I was getting from my roommate, even though he has no anxiety issues at all. Incidentally, Scott has offered to extend his stay through till December or to whenever I get my rent issues resolved with you so that I don’t lose my “home”.
Reference to video of my plea to Scott (entitled, May 19th request for Scott – included on this page with the transcript below the video https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html)
In particular, please notice my letters to [email protected] and Maira De Barrientos dated May 11th, 2020 and May 16th, 2020 and Ms. De Barrientos reply of May 16th, 2020 and again on May 25th, 2020.
Instead of showing some human compassion, all you could do was ask when my roommate would move out, and forcing me into coming up with other methods of paying the rent during COVID-19 because you repeatedly refused to accept my May rent check.
I found this cold, inconsiderate, and unfeeling given that your inclusion of the above reasons for entering our suite stated on the notice, which as stated above upset other tenants not only us, caused me to lose the income I was getting from my roommate.
I will again note that none of the previous Notice Of Entry forms included those reasons highlighted above in yellow for entering at any time during my tenancy leading up to February 21st, 2020.
I am not the only tenant that thought these new clauses in the 24-hour notices meant at some point QuadReal might start showing our suites to prospective tenants, purchasers or mortgagees.
Note that Dean Homes stated in his letter dated June 1st, 2020;
“Presently neither QuadReal or the owners of the building have any intent to market any of the individual suites for sale including yours.”
And, so in other words, while QuadReal holds they had no intention of selling any of the units at 10 Lisa Street (at that moment), my request for a commitment in writing not to show my residence to potential renters or buyers is very reasonable.
So rather than directly address my request for written reassurance that you would not show my suite to buyers, I received the above boilerplate corporate-speak that defended your position without offering any real reassurance.
I made the above request to QuadReal Management/Key Leaders in nearly all my communications to QuadReal since May 25th, 2020 both in writing and more than once in my video communications on May 25th, 2020, June 2nd, 2020, June 12, 2020, June 30th, 2020, June 17th, 2020, June 30th, 2020, July 5th, 2020, and August 4th, 2020 (Scott Gallagher made the request on my behalf in his email communication to QuadReal Management team) He stated:
“That is EXACTLY the kind of reassurance that Ms. Fernandes needs in order to feel secure in her home!”
I would like to bring to your attention, that Dean Homes specifically used the words, ‘presently’ and ‘intent’, which does not give any assurance that my unit will not be sold, as intentions can change tomorrow.
As I made aware repeatedly in my emails/letters/videos that Dean’s statement (above) did not provide me with security, nor ease my fear and anxiety.
If QuadReal had been interested in operating in good faith, you would have simply agreed to my request to put it in writing, that you promised not to show my suite to prospective renters or buyers for 9 months. And you would have made a similar statement to all the other tenants, because you said you had no intention of selling. I didn’t ask for a guarantee that you wouldn’t sell. All I asked for was a guarantee that you wouldn’t show my suite to prospective buyers or tenants for a period of 9 months.
On June 2nd, 2020, June 30th, 2020 and August 21st, 2020 I asked you both in writing and on video that you make an announcement to all the tenants of 10 Lisa Street notifying them that you would not be selling our units. And in my June 17th, 2020 email, referring to the web page (https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html) - and it has been updated since where I had stored all the referred to correspondence and documentation, which included this very request, my concerns were not addressed even though Kerri and Patricia both promised they would address all my concerns. To this date that promise still remains broken as you continue to dodge my requests by repeatedly using corporate speak such as “intention” and “at this time”.
The entire world has been consumed with fear and sometimes terror for vulnerable self-employed people like myself, for the past 5 months or so, and I was not the only tenant that has been afraid of one day possibly losing her “home” because of that notice. It is not unreasonable for me to ask for such a statement to make all your tenants feel more at ease during a very traumatic time.
It was not until I made clear that I would not discuss repayment arrangements until you acknowledged this request that you finally acknowledged that request by refusing it in your email of July 13th, 2020. You declined my request by saying the following:
“No, we will not agree to your request as outlined in point #1”,
In that letter, point #1 referred to the following statement which I requested numerous times in writing, and as I said, was repeatedly ignored.
The request was:
Quadreal agrees to “NOT show the premises (10 Lisa Street #2502) to prospective purchasers or mortgages of the premises; either directly or through a real estate broker” from August 1st, 2020 up until July 31st, 2021 which is the date my lease renews and ends.
All this despite the many times I advised you of my medically diagnosed anxiety issue, and how your constant threatening interruptions sabotaged me from focusing on reviving my business so that I could pay my arrears to you.
Bearing in mind that your repeated refusal to support my request to give me enough space and peace to revitalize my business so that I might have actually been able to pay most if not all of the arrears off by October 5th, 2020, which obviously can’t happen because of your constant interruptions to my being able to focus on making money over the past couple of months, July 5th, 2020 when I advised you to not interrupt me, that I needed 90 days to bring in a significant deal as I have done it many times before if I just had the space to focus without any triggers and distractions from you. And again, you did the OPPOSITE.
Keeping that in mind, here is the context for my proposed repayment plan…
Based on the figures you have given me so far, as of today, October 1st, 2020 I owe you $10,615.46 and based on what Patricia said in her August 31st, 2020 email, “Your monthly rent is currently $1776.00 and your rent increase has been deferred until we give you notice that we will be collecting the deferred rent increase”, and based on everything I have stated to you in this communication along with what was said in all the video transcription attachments you the over 52 pages that have been updated promptly on this page https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html and in particular, your constant sabotaging efforts I have talked about in the document, as promised, this is my non-negotiable and final payment term proposal for your consideration.
In this plan, 10 Monthly payments, with the first payment starting on December 1st, 2020 in the amount of $3015.46 will result in me being back into financial integrity with QuadReal, with my arrears paid in full with the September 1st, 2021 payment.
I have given this proposal a great deal of thought, based upon me first taking into consideration my total anticipated monthly revenues from each of the months starting from December 1st, 2020 until the last of the 10 payments is made on September 1st, 2021.
Just as Scott said to you on a few occasions:
“As such, I can now confirm that due to Covid-19, it is impossible for Ms. Fernandes to commit to a specific and reasonable payment plan until she closes her next deal in her business. In fact, Ms Fernandes clearly communicated this to you on https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html in her email/video (entitled “QuadReal July 5th Give Me 90 Days”)”
And he further went on to state:
“Both Ms. Fernandes and I are extremely confident that she would close at least one 10K plus deal as above, if you give her the 90 days space she has requested to focus on her business”.
And:
… “you have chosen to go against Ms. Fernandes’ well-being request by sending your letter of 7/13, which indeed hurt her momentum which resulted in lost income.”
I won’t be able to accept a repayment framework with higher payments, or a start date any earlier than December 1st, 2020 because if I were to enter into such a contract knowing that I might not be able to keep to the terms, I would be entering into that agreement in bad faith.
In Summary, in this letter I’ve referenced dates, particulars, events, and key noted communications between Quadreal, my former agent, and myself.
Also in summary, we discussed in this letter how you refused to accept my May rent cheque, in the middle of a pandemic, because you wanted it written on a different account.
Starting July 5th, 2020 I requested 90 days of space with no interruptions from QuadReal as it would distract me from bringing revenue into my business causing a delay in paying my rent and arrears. And referencing these dates specifically, May 27th, 2020, July 13th, 2020, August 14th, 2020, August 31st, 2020, I received communications from QuadReal that I found disturbing, which took my focus out of getting my business on track.
This further shows your intention to sabotage me, when you knew as I repeatedly told you what it was that I needed in order for me to come back to you and make a reasonable repayment plan, which was to give me until October 5th, 2020 with no interruptions. And you chose to do the exact opposite, so that you could prevent me from bringing in enough revenue to pay my rent and arrears, and replace me with a higher paying tenant.
And in final summary, you intentionally made your tenants anxious by “accidentally” using the 24-hour notice from another building, stating that you could show our suites to prospective buyers and renters. You refused my requests to make it clear to all of us that you had no intention of selling our units, all in hopes that some of us would leave of our own accord so you could replace us with tenants paying a higher rent.
Therefore, I respectfully request that, in the event your organization chooses to reject my proposal and move forward with serving me an N4, I’m asking you to please direct your staff to take into consideration everything I have communicated to your company which is all on this page link https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html with respect to my medically diagnosed anxiety condition, along with the part that QuadReal played in contributing to my anxiety worsening, as has been communicated to QuadReal in practically real time on this page https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html - that as soon as your organization makes the decision to accept or reject this plan, please have the compassion to email me back on the same day you make your decision to accept or reject my plan, and also let me know on what date you expect your staff will be putting an N4 in the mail to be sent to me.
Sameena Fernandes
P.S. Transcripts of various key videos included in previous emails sent out to QuadReal have been attached and also included on this page https://my1111agreement12.weebly.com/quadrealreprisals5pmaug21.html
April 26th 2024
Sameena Fernandes <[email protected]>Fri, Apr 26, 4:57 PM
to Patricia, Maira, aman.singh, Dennis, gordon.fyfe, me
Hello Aman Singh:
Given Quadreal's explicit position stated on March 31st, 2021, at 6:34 PM, "any communications with respect to any accommodation must be in writing," please be advised that Sameena currently lacks recognized legal support. Therefore, either I or Sameena, assisted by ChatGPT, will only be able to issue an appropriate response to any questions you have asked or may ask in the future, after she has received proper guidance from her doctor. Her earliest opportunity to do so will be at her next appointment, which is scheduled for May 16th.
Your recent communication, a reply to which was dated March 8th, 2024, assertively claims:
“We have and will continue to do our best to reasonably accommodate you in relation to any disability.”
“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 are not convenient for you.”
For the same reasons stated in Dr. Goldberg’s medical letter dated August 9th, 2021, which was first received by Quadreal executives and the following staff on August 11th, 2021, at 1:33 PM:
Maira de Barrientos ([email protected])
Gordon Fyfe ([email protected])
Dennis Lopez ([email protected])
Patricia DeGasperis ([email protected])
The letter states, in part, the following:
“Sameena has repeatedly requested that her landlord not send emails to her from Monday to Thursday, as emails sent on those days aggravate her condition and sabotage her ability to earn a living as a self-employed person working from home. The landlord’s refusal to accommodate this request has resulted in 'anticipatory anxiety,' causing her to experience anxiety daily. "
"Sameena is suffering from severe panic attacks and anxiety disorder, which have been directly triggered by her current conflicts with her landlord. This situation is indeed of similar proportion to past conflicts, adversely affecting her in the same way. Sameena is currently unable psychologically to represent herself, and the thought of having to do so easily triggers panic attacks and anxiety. Her previous doctor of twenty years had diagnosed and treated her for anxiety and panic attacks, noting that in 2016 it was caused by a situation with her employer harassing Sameena. "
" Mr. Scott Gallagher intervened to represent her at that time, as she was emotionally unable to represent herself. Her anxiety disorder had escalated to serious levels as a direct result of intimidation she sustained from her past employer. Mr. Gallagher successfully won the case against her employer in June 2017. "
" As Sameena does not have the financial means to afford legal representation, I have advised that for medical reasons Scott Gallagher be authorized to act as her agent.” (August 9th, 2021)
In light of your declaration on March 31st, 2021, at 6:34 PM, that "any communications with respect to any accommodation must be in writing," and considering your recent email affirming your commitment to working cooperatively with residents to schedule appointments—regardless of disabilities—we hereby request the following reasonable accommodations in writing:|
1. That you review the direct, unaltered verbatim statements from other letters below, in which Dr. Goldberg discusses both myself and Sameena, and which provide the context for the requests made subsequently.
" Sameena Fernandes and Scott Gallagher have been professional colleagues since 2010. Their collaborative work in Step 12 not-for-profit sectors is notable. ⤨ Ms. Fernandes has volunteered for and served as a board member on initiatives founded by Scott Gallagher. These include All Addictions Anonymous, Addiction Free Youth, Hope and Happiness Wellness Services, the 1111 platform, and their most recent venture, Book Bridges. " (October 17th, 2023)
“Therapeutic 12-Step Program and Recovery Efforts: Scott's Step 12 daily ritual, supported by Sameena, is essential for his addiction and mental health recovery. Their unpaid Step 12 work experience serves the not-for-profit organizations, All Addictions Anonymous and Get Booked to Book Others, both created by Scott and operating from 10 Lisa Street. Sameena, once a board member for All Addictions Anonymous, remains essential in the continued operation of these organizations. Her consistency and reliability are crucial, particularly following her recent bankruptcy. " (August 10th, 2023)”
Furthermore, Dr. Goldberg, in his letter dated June 15th, 2023, stated when speaking about this work we both do, that we “carry out their wellbeing practice (Step 12 ritual every morning, 7 days a week as part of their recovery process from their individual addictions and mental health disorders)”. (June 15th, 2023)
“On January 19th, 2023, after conducting more than 20 appointments with both Sameena Fernandes and Scott Gallagher and gathering all relevant data, I initiated a conversation first with Sameena, suggesting that they collaborate more closely for accountability and profitability. Such a partnership would serve to accommodate each other's disabilities and capitalize on each other's strengths. This initial dialogue evolved into more in-depth discussions over multiple meetings, culminating in a significant revision of their existing 1111 Well-being Agreement dated April 4, 2017. This newly revised agreement was formally signed by all three of us in my office on April 4, 2023. The signing underscored the agreement's enhanced significance for Sameena and Scott's mutual well-being, given their current medical conditions. " (October 17th, 2023)
“Both face escalating mental health conditions, exacerbated by financial hardships. They are not just medical patients; they are active community contributors. Their engagement in Step 12 volunteer work enhances societal well-being. " (October 10, 2023)
" In accordance with the original 12-step program that is outlined in The Big Book Of Alcoholics Anonymous, which states; "Strenuous effort, one alcoholic with another, was vital to permanent recovery...Nothing will so much insure immunity from drinking as intensive work with other alcoholics," in order to honor the sacred purity and divinity of "Step 12" and to best guarantee the continued sobriety of Scott from relapsing into his alcoholism and drug addictions, as well as for the benefit of his mental health, both parties understand and agree that Scott has never been financially compensated for the Step 12 work he does for fellow addicts nor will he ever be financially compensated for this kind of therapeutic "work," whether or not that particular "work" might on occasion go beyond 2 hours on any given day. " (April 4th, 2023 Well-being Agreement)
“Book Bridges is not just about reading; it's a unique approach combining the therapeutic potency of literature with genuine human connection. Inspired by the teachings of step 12 from Alcoholics Anonymous, it aims to bridge emotional gaps and offer a refuge from isolation. With the support of ChatGPT, Scott and Sameena have developed a dynamic model that encourages growth, healing, and authentic bonds. “ (September 19, 2023)
“The step 12 derivative work Sameena Fernandes and Scott Gallagher engage in is far more than a charitable act. It serves as a crucial therapeutic practice that offers them immense therapeutic benefits. This work is integral to their ongoing mental health recovery journey. " (October 24th, 2023)
“Both face escalating mental health conditions, exacerbated by financial hardships. They are not just medical patients; they are active community contributors. Their engagement in Step 12 volunteer work enhances societal well-being. “ (October 10, 2023)
#2 In line with the commitments outlined above, and your written assurance to “do our best to reasonably accommodate (Sameena) in relation to any disability,” Sameena requests, in response to your notice dated April 22nd for the annual spring maintenance and filter change—which historically takes between 10 and 20 minutes—that you refrain from responding to this email or any others from Monday to Thursday. Furthermore, please respect Dr. Goldberg’s medical directive to “NOT send emails to her from Monday to Thursday, as emails sent on these days aggravate her condition and sabotage her ability to earn a living as a self-employed person working from home.”
#3 As Sameena and I dedicate our mornings to helping people for free on a Step 12 not-for-profit basis via Zoom, we request that you reschedule your visit to our suite, originally planned for Monday, April 29th. Please reschedule it for Friday, May 3rd, at 11:55 am or later.
Additionally, in line with Dr. Goldberg’s medical directive, we expect that you refrain from responding to this email or any others from Monday to Thursday.
Thank you,
Scott Gallagher
On behalf of Ms. Sameena Fernandes.
to Patricia, Maira, aman.singh, Dennis, gordon.fyfe, me
Hello Aman Singh:
Given Quadreal's explicit position stated on March 31st, 2021, at 6:34 PM, "any communications with respect to any accommodation must be in writing," please be advised that Sameena currently lacks recognized legal support. Therefore, either I or Sameena, assisted by ChatGPT, will only be able to issue an appropriate response to any questions you have asked or may ask in the future, after she has received proper guidance from her doctor. Her earliest opportunity to do so will be at her next appointment, which is scheduled for May 16th.
Your recent communication, a reply to which was dated March 8th, 2024, assertively claims:
“We have and will continue to do our best to reasonably accommodate you in relation to any disability.”
“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 are not convenient for you.”
For the same reasons stated in Dr. Goldberg’s medical letter dated August 9th, 2021, which was first received by Quadreal executives and the following staff on August 11th, 2021, at 1:33 PM:
Maira de Barrientos ([email protected])
Gordon Fyfe ([email protected])
Dennis Lopez ([email protected])
Patricia DeGasperis ([email protected])
The letter states, in part, the following:
“Sameena has repeatedly requested that her landlord not send emails to her from Monday to Thursday, as emails sent on those days aggravate her condition and sabotage her ability to earn a living as a self-employed person working from home. The landlord’s refusal to accommodate this request has resulted in 'anticipatory anxiety,' causing her to experience anxiety daily. "
"Sameena is suffering from severe panic attacks and anxiety disorder, which have been directly triggered by her current conflicts with her landlord. This situation is indeed of similar proportion to past conflicts, adversely affecting her in the same way. Sameena is currently unable psychologically to represent herself, and the thought of having to do so easily triggers panic attacks and anxiety. Her previous doctor of twenty years had diagnosed and treated her for anxiety and panic attacks, noting that in 2016 it was caused by a situation with her employer harassing Sameena. "
" Mr. Scott Gallagher intervened to represent her at that time, as she was emotionally unable to represent herself. Her anxiety disorder had escalated to serious levels as a direct result of intimidation she sustained from her past employer. Mr. Gallagher successfully won the case against her employer in June 2017. "
" As Sameena does not have the financial means to afford legal representation, I have advised that for medical reasons Scott Gallagher be authorized to act as her agent.” (August 9th, 2021)
In light of your declaration on March 31st, 2021, at 6:34 PM, that "any communications with respect to any accommodation must be in writing," and considering your recent email affirming your commitment to working cooperatively with residents to schedule appointments—regardless of disabilities—we hereby request the following reasonable accommodations in writing:|
1. That you review the direct, unaltered verbatim statements from other letters below, in which Dr. Goldberg discusses both myself and Sameena, and which provide the context for the requests made subsequently.
" Sameena Fernandes and Scott Gallagher have been professional colleagues since 2010. Their collaborative work in Step 12 not-for-profit sectors is notable. ⤨ Ms. Fernandes has volunteered for and served as a board member on initiatives founded by Scott Gallagher. These include All Addictions Anonymous, Addiction Free Youth, Hope and Happiness Wellness Services, the 1111 platform, and their most recent venture, Book Bridges. " (October 17th, 2023)
“Therapeutic 12-Step Program and Recovery Efforts: Scott's Step 12 daily ritual, supported by Sameena, is essential for his addiction and mental health recovery. Their unpaid Step 12 work experience serves the not-for-profit organizations, All Addictions Anonymous and Get Booked to Book Others, both created by Scott and operating from 10 Lisa Street. Sameena, once a board member for All Addictions Anonymous, remains essential in the continued operation of these organizations. Her consistency and reliability are crucial, particularly following her recent bankruptcy. " (August 10th, 2023)”
Furthermore, Dr. Goldberg, in his letter dated June 15th, 2023, stated when speaking about this work we both do, that we “carry out their wellbeing practice (Step 12 ritual every morning, 7 days a week as part of their recovery process from their individual addictions and mental health disorders)”. (June 15th, 2023)
“On January 19th, 2023, after conducting more than 20 appointments with both Sameena Fernandes and Scott Gallagher and gathering all relevant data, I initiated a conversation first with Sameena, suggesting that they collaborate more closely for accountability and profitability. Such a partnership would serve to accommodate each other's disabilities and capitalize on each other's strengths. This initial dialogue evolved into more in-depth discussions over multiple meetings, culminating in a significant revision of their existing 1111 Well-being Agreement dated April 4, 2017. This newly revised agreement was formally signed by all three of us in my office on April 4, 2023. The signing underscored the agreement's enhanced significance for Sameena and Scott's mutual well-being, given their current medical conditions. " (October 17th, 2023)
“Both face escalating mental health conditions, exacerbated by financial hardships. They are not just medical patients; they are active community contributors. Their engagement in Step 12 volunteer work enhances societal well-being. " (October 10, 2023)
" In accordance with the original 12-step program that is outlined in The Big Book Of Alcoholics Anonymous, which states; "Strenuous effort, one alcoholic with another, was vital to permanent recovery...Nothing will so much insure immunity from drinking as intensive work with other alcoholics," in order to honor the sacred purity and divinity of "Step 12" and to best guarantee the continued sobriety of Scott from relapsing into his alcoholism and drug addictions, as well as for the benefit of his mental health, both parties understand and agree that Scott has never been financially compensated for the Step 12 work he does for fellow addicts nor will he ever be financially compensated for this kind of therapeutic "work," whether or not that particular "work" might on occasion go beyond 2 hours on any given day. " (April 4th, 2023 Well-being Agreement)
“Book Bridges is not just about reading; it's a unique approach combining the therapeutic potency of literature with genuine human connection. Inspired by the teachings of step 12 from Alcoholics Anonymous, it aims to bridge emotional gaps and offer a refuge from isolation. With the support of ChatGPT, Scott and Sameena have developed a dynamic model that encourages growth, healing, and authentic bonds. “ (September 19, 2023)
“The step 12 derivative work Sameena Fernandes and Scott Gallagher engage in is far more than a charitable act. It serves as a crucial therapeutic practice that offers them immense therapeutic benefits. This work is integral to their ongoing mental health recovery journey. " (October 24th, 2023)
“Both face escalating mental health conditions, exacerbated by financial hardships. They are not just medical patients; they are active community contributors. Their engagement in Step 12 volunteer work enhances societal well-being. “ (October 10, 2023)
#2 In line with the commitments outlined above, and your written assurance to “do our best to reasonably accommodate (Sameena) in relation to any disability,” Sameena requests, in response to your notice dated April 22nd for the annual spring maintenance and filter change—which historically takes between 10 and 20 minutes—that you refrain from responding to this email or any others from Monday to Thursday. Furthermore, please respect Dr. Goldberg’s medical directive to “NOT send emails to her from Monday to Thursday, as emails sent on these days aggravate her condition and sabotage her ability to earn a living as a self-employed person working from home.”
#3 As Sameena and I dedicate our mornings to helping people for free on a Step 12 not-for-profit basis via Zoom, we request that you reschedule your visit to our suite, originally planned for Monday, April 29th. Please reschedule it for Friday, May 3rd, at 11:55 am or later.
Additionally, in line with Dr. Goldberg’s medical directive, we expect that you refrain from responding to this email or any others from Monday to Thursday.
Thank you,
Scott Gallagher
On behalf of Ms. Sameena Fernandes.