Toronto Criminal Lawyer - Police Report on Charges of Perjury

Kyle's Case — Perjury — Police Report

Client:   Kyle M., Accused
Complainant:   Paul C., Kyle's Tenant
Charge:   Perjury, Criminal Code, s. 131 (Landlord and Tenant Dispute)

Police Report: Mr. Kyle M. owns the residence located at 15** Prescott Circle, Mississauga. Kyle M. lives and works in Barrie. The property was to be used for investment purposes. In the late spring of 1998, Kyle M. hired a real estate agent to show prospective tenants the home with the intention of renting it.

On the 1st of May 1998, Paul and Robin C. agreed to rent the home from Kyle M. for $1350.00 a month. On the 1st of June 1998, they, along with daughters Katie, 18 years, and Melissa, 14 years, moved into the residence. Rent was to be paid on the first of each month.

In January of 1998, Mr. Paul C. filed for bankruptcy. According to Paul C., the government seized his bank account in June of 1998. Therefore, he was unable to pay his rent on the first of June 1998. Paul C. was in arrears for June's rent until June 30th, when he paid the rent in full by way of bank money order.

Kyle M. applied for an order to terminate the C.'s tenancy and to evict them prior to receiving the money order. The application went to the Ontario Rental Housing Tribunal. Paul C. stated that he was not served a notice of early termination, or a notice of the impending eviction hearing. Kyle M. filed an affidavit of service with the Housing Tribunal stating that the C.'s were served. An early termination was granted. After complaining to the Housing Tribunal, Mr. Paul C. was granted a review hearing which eventually lead to a reversal of the eviction previously granted.

According to Mrs. Robin C., after the reversal of the eviction in September of 1998, Kyle M.'s brother attended her residence with three strangers. They entered the home and were introduced as the new tenants. They did not have permission to enter. |

On the 25th of September 1998, Kyle M. attended the Housing Tribunal office and obtained another eviction order. Paul C. was not served a notice of early termination or a notice of a hearing. Paul C. was notified by mail on the 11th of September 1998 to vacate the premises by the 8th of October 1998. This order to vacate was sent by the Peel Sheriff's office. He served the Peel Sheriff's Office with a notice of the stay. Also on the 8th of October 1998, Mr. Paul C. filed an appeal of the order to evict with the Divisional Court in Milton. He obtained a certificate of stay and served that document on the Sheriff of Peel as well.

Between the dates of October 8th and October 14th of 1998, the same "new tenants," who had entered the residence earlier, attended three more times to inquire when the C's were moving out, as they had rented the home from Kyle M.

On the 14th of October 1998, Kyle M. filed a notice of Motion and affidavit of service with the Divisional Court in Milton. The motion requested that the Certificate of Stay, filed with the Court on the 8th of October 1998, be lifted allowing Kyle M. to obtain an early termination of lease due to non-payment of rent. The motion was set for the 21st of October 1998. Mr. Kyle M. swore before a Commissioner of Oaths that he personally served Robin C. with a copy of the notice of motion at her residence. Mrs. Robin C. said she was never served by Kyle M. She was at her place of employment. Mr. Paul C. was out of the country on business. Both of their daughters were in school. Since the C.'s were unaware that a motion was being heard at Milton Court, they did not attend. As a result of the motion, Kyle M. was granted a reversal of the stay and early termination of the C.'s lease.

The C.'s first learned of the reversal and early termination on the day it was enforced by the Peel Sheriff's office on the 23rd of October 1998. Mrs. C. and her daughters were removed from the residence while Mr. C was in the United States on business. The C.'s were unable to remove personal belongings from the house other than a small amount of clothing.

After learning about the notice of motion and affidavit filed with the Milton Court, the C.'s contacted Halton Police. Robin C. stated that she was not served the notice of motion as sworn to in the affidavit of Kyle M. She was at work at the time of the alleged service. Halton Police contacted her employer in Mississauga and spoke to Robin C.'s supervisor, Angie G. Angie G. confirmed that Robin C. was at the daycare on October 14th at the time of the alleged service by Kyle M. Robin C. also swore to an affidavit at the City of Mississauga before a Commissioner of Oaths that she was not served a notice of motion on the 14th of October 1998 by Kyle M.

After the initial report was made by Mr. Paul C., police contacted Mr. Kyle M. in Barrie. He stated he served a female at the Prescott Circle home, on the 14th of October. He said she was wearing a skirt. He felt it was Mrs. Robin C., as she identified herself as Robin C. when asked. Mr. Kyle M. was contacted a second time after Ms. Angie G. confirmed Mrs. Robin C. was at her place of employment at the time of the alleged service. He remained adamant that he served someone at the Prescott Circle home. He reminded police that he never met the C.'s and did not know what Mrs. Robin C. looked like. He then stated that his brother accompanied him to the residence at the time of service on the 14th of October. He could not provide his address or phone number and did not want to involve him. Mr. Kyle M. was asked if he could attend Milton to provide a statement and the whereabouts of his brother. Kyle M. said he could not attend. He was leaving over Christmas and would be out of the country until the 15th of January 1999. A warrant was issued.