Can Barrie Sheriff can override the Superior Court of Justice Court Order?If you answered "No" - the Barrie Sheriff will insist you are wrong - and he weilds the long arm of the law to prove it.
My research tells me that he could not legally do what you will read about next. Read below on the harm that this has caused. When a Superior Court Judge issues a Court Order or decision against you, yes you can appeal it - to the Ontario Court of Appeals. If you are unsuccessful you can take it to the Supreme Court of Ontario - and ask if they will hear it. Just ask Bob Lepp. He has appealed many decisions at one or more of those levels. But when appeals are exhuasted - a court order rules. It in fact is law. Superior Court Justice Chalmers on October 23rd 2024, issued an order that I was to occupy and sell the house at 116 Tecumseth Pines Drive in New Tecumseth Ontario. (1) I was to take occupancy January 15th 2025. All stays (2) and appeals (3) sought by Bob Lepp were exhausted by January 10th 2025. Mr. Lepp moved his belongings out of the house on January 11th and 12th and there was no furniture, fridge or stove in the home after that point. He returned to the home daily - supposedly to remove "this and that" that movers did not take. ( A few towels and trash in several corners) The garage had more junk in it. On the 15th of January - I attended and Bob would not allow me in the house. On the 16th of January at 7:00 pm I again attended the house. There was a light on inside and no answer at the door. I went to the rear of the property and smelled gas and knocked on the rear door - no answer. Concerned someone was inside in harms way - I entered the home through an unsecured kitchen window. Finding the home abandoned - I opened all the windows, called the Gas Company and had the locks changed. When the gas company arrived they confirmed that there was a substantial leak (4) and shut off the gas to the improperly installed on demand hot water heater. (please note that leaving the water heater installed like this is considered "common nuisance" (5) under the Criminal code of Canada On the morning of January 17th, Bob Lepp was trespassed from the property and advise by my Counsel we had legal possession of the home. At 10:30 a.m. Bob Lepp defied that notice and attended the home. He was asked to leave and would not. Ontario Provincial Police were called and after lengthy discussion had Mr. Lepp leave. Mr. Lepp insisted he had personal belongings in the home - citing closet doors and a hot water heater were personal items. On Janaury 19th, Mr. Lepp attended the house and took all he wanted from the garage and advised the OPP he had everything he wanted - leaving a garage full of debris and garbage. During that day and on the 20th - I had the home readied for sale - installing 14 missing light fixtures, having the on demand hot water heater properly installed by a gas fitter and doing a deep clean on walls, bathrooms and kitchen. January 20th, the house was listed for sale as per court order On January 21st at approximately 9:30 pm, the OPP called me to advise that the Barrie Sheriff had advised Bob Lepp he could go back into the house that the Court had ordered was legally in my possession as he felt he should have been the one to evict Mr. Lepp. (No where have I located the necessity for the Sheriff to evict from an abandoned home that was not a Landlord Tenant situation) On January 22nd at approximately 9:30 am, Bob Lepp arrived at the house and advised the Realtor by phone he was going to take a crow bar to the house if the Realtor did not turn over the key to him. OPP were called and arrived and supported Bob Lepp saying they could not stop him as the house was his.(6) NOTE: Both OPP and the Sheriff had the Court order in their hands stating I had legal occupancy as of January 15th 2025 - but still ordered we hand over the keys and let Bob Lepp - who was ordered out of the house for the 15th of January - take possession. When I spoke on the phone to the Sheriff in our discussions he told me that I was in the house illegally and that I should not have enterred the home if I suspected a serious gas leak but should have instead called Firefighters. (Note I am a trained ex-firefighter and know the risks of waiting 20 minutes without ventilating the home). Suprisingly when I asked about his authority and questioned his actions he said he knew what he was doing and in his oration he said ''I was not born in a cotton field you know''. (wow - how professional.. is this a statement a provincial public servant should even use?) In further emails back and forth - he refuses to tell me how I can complain or who I can complain to saying his emails are monitored by Operations. How can a public servant not give me information on who their boss is or how I can lodge a complaint? (Yes I have email evidence to back this up) PLEASE SHOW ME THE AUTHORITY THAT THE SHERIFF WEILDS TO INSIST THAT I GIVE POSSESSION BACK TO BOB LEPP. Once I had changed the locks - the proper procedure would be through the Courts. (PS I wonder if it would have taken 2 years to accomplish this?) Over the following 9 days the neighbours watched as Mr. Lepp attended the home daily to remove items. As there were no personal items of his in the home (he had told the OPP that on the 19th) they could only assume he was stripping the home of appliances an fixtures. (7) There was only 1 set of keys turned over to Bob Lepp - and only he was seen at the residence - so I am not sure how it could have been anyone else.) On January 31st the Barrie Sheriff turned the house over to me and immediately left without entering the house to document the damage. OPP did enter the home with me at my request to document the condition of the house. Mr. Lepp had completed the following:
Final estimated to return home to the condition it was in January 21st 2025 - $20,000. - $30,000,00 This damage would never have occurred if the Sheriff had not ordered the OPP to demand keys to a house I legally occupied according to Court Orders and where there were NO personal items belonging to Bob Lepp in the house. NOTE: A formal complaint and statement has been sent to the Ontario Provincial Police Nottawasaga Detachment against Bob Lepp for the offence under Section 441 (9)of the Criminal Code of Canada. OPP are unsure that the Crown will agree to prosecute. (?????) |
Special NotesRead here additional notes to support the narrative to the left
(5) Common Nuisance Section 180
(6) Bob Lepp still owns the modular home but not the land it sits on. He was not to occupy the house after 14th of January 2025. The Court has orderd that I occupy it and sell it and retain the funds as of January 15th 2025
(9) Occupant injuring building:
441 Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable property permanently attached or joined to the immovable property, is guilty of
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