Mandatory Mask Law Noncompliance Exemptions

Editor's Note: On 2020Oct02, one of our contributors and his wife were served with a "complaint" (Non-Wearing Of Mask in Management Office) from Sherbourne Place management about their "violation of the City of Toronto By-law.. and more importantly, the Residential Tenancies Act.."
This tenant was subsequently served with a formal Eviction Notice personally (by two security guards) after 5:00PM on Friday December 11th, 2020. This strategic legal action against public participation was concocted under the rubric of multiple fraudulent claims by Medallion Corporation, and furnished with provably (we have recordings) deceptive testimony by agents of Medallion Corporation.

On: 2020 Dec 07 at 1755EST
Re: Mandatory Mask Law Noncompliance: Exemptions
From: REDACTED
To: 565sherbourneplace@medallioncorp.com, georgeespinola@medallioncorp.com, sachamahadeo@medallioncorp.com,
info@medallioncorp.com, sherbournesite@medallioncorp.com, roisinwebb@medallioncorp.com,
561@medallioncorp.com
Cc: REDACTED, rocco@idirect.com, complaints@masklaw.ca, anonymous@sherbournesite.org

Dear Medallion Corporation Property Management,

Unfortunately, you have improperly trained your staff at 565 Sherbourne St, resulting in a culture of fear and persecution against those who cannot (by reason of medical or ideological significance) wear a mask or other face covering. I even went out of my way to (at considerable expense to myself) print out an earlier copy of the PROPER notice (see screen-friendly 20201104-0130EST-MaskLaw-Poster-8.5x11in-Full-Bleed-Letter-no-Registration-Screen-2x.jpg) to be posted in your building informing residents and staff that as masks are mandatory requirements, there are certain exemptions provided for by the Reopening Ontario Act and Toronto By-law.

These exemptions include, but are not limited to, those listed on the hereto linked print-ready (full bleed 8.5x11" w/ crops and registration) poster:

are a child younger than two years old;
have a medical condition that prevents mask usage;
are unable to put the mask on or off independently;
invoke your protections under The Human Rights Code;
need to remove your mask for health, safety, exercise,
eating, grooming, or some other reason.

By choosing NOT to educate your staff about the full extent of the applicable Mandatory Mask Bylaws and Laws, you have created a culture of fear & bullying which prohibits the most vulnerable of your tenants from the reasonable enjoyment of their residential accommodation, provided for by their RTA contract. Ironically when I was paying rent some months prior, Jonathan Schwartz attempted to bully me by saying that by being unable or unwilling to wear a mask, I was in violation of my tenancy agreement as it was interfering with HIS reasonable enjoyment.
So yes, if he derives enjoyment from bullying vulnerable adults who cannot or will not (for ideological or medical reasons) wear a mask, then I guess I am kinda preventing the Little Stalin™ in him from flourishing. On several occasions my wife, who cannot or will not wear a mask for ideological or medical reasons, has been bullied by other tenants who loudly point at your deceptive signage (see linked article Medallion Corporation is Encouraging Wholesale Discrimination):

ALL PERSONS ENTERING OR REMAINING IN ENCLOSED COMMON AREAS
ON THESE PREMISES SHALL WEAR A MASK OR FACE COVERING WHICH
COVERS THE NOSE, MOUTH AND CHIN AS REQUIRED UNDER CITY OF
TORONTO BY-LAW 541-2020.

Now, this is all that your establishment is required to post, according to the City of Toronto "guideline", as I explored in my email dated 2020Oct30, at 0401EST:

The 'Spread the Word' package which has the clearly stated intent to
"encourage VOLUNTARY compliance" in members of the public. Your
non-compliant implementation of the signage guidelines (*c) has
actually fostered an environment hostile to a person or persons unable
to wear a mask, and I take significant umbrage at your employees'
stupidity and generally hostile attitude when they are told
(REPEATEDLY) that there are exemptions to the Mandatory Mask
bylaw/regulation. My rights do not end where you baseless fears begin,
and it's not my fucking fault that you're addicted to the
endorphin-based Fear Porn being peddled by Little Stalin. Moreover, as
quite specifically explored in the paper published by the Human Rights
Commission how our Human Rights do NOT end just because you're afraid
of getting the common flu and have been watching WA-AY too much Fear
Porn.(*e) "..people may not be able to use the equipment or follow a
procedure because of their disability or for another Code-related
reason." "Organizations have a duty under the Code to accommodate
these types of individual needs related to legitimate COVID-19
requirements, unless it would amount to undue hardship based on cost
or health and safety" "An inability to access or use a mask or other
equipment, or to follow a health and safety procedure, must not lead
to automatic negative consequences such as employee discipline or
termination, complete denial of service or eviction from housing." "No
one should experience harassment or other discriminatory treatment
based on a Code ground because they are unable to wear a mask, or
choose to wear, or not wear, a mask, or require someone else to wear a
mask based on advice from public health officials." Moreover, when I
was attempting to pay my rent on this day, Thursday, Oct 29 at the
Management Office as usual, Ms Strickland very ignorantly sneered that
"..[I] have the right not to where a mask, but [she does] have the
right to prevent [me] from paying rent.. because [she is] not
comfortable with it." Your hubris is astounding, Ms Strickland, and if
you REALLY want to get out the yardstick and see who's bigger, and
who's being a total bully, you can read the short little section on
"Competing Human Rights Situations"(*f) and hopefully realize that if
she's so afraid of being exposed to everyday life, she can bloody well
dig up her dead mother and crawl back in her womb, because she is WAY
THE FUCK OUTTA LINE.

The Corporation will reasonably accommodate myself and EVERY SINGLE
OTHER tenant; will moreover, distribute CORRECT and COMPLETE signage
such that the Corporation is NOT fostering an environment hostile to
persons unable or unwilling to wear a face mask or other "protective
gear" such as a muzzle, and WILL do so without unreasonable delay. The
Corporation has been in receipt of notice describing its
non-compliance since at least Tuesday, Sept 01, and a recommended
course of action to rectify said non-compliance. The Corporation
doesn't have to give me an apology, just stop being such bullies. It's
management will, however, issue a FORMAL APOLOGY in writing to my wife
apologizing for creating a hostile living environment, and furthermore
encouraging the shaming and persecution of individuals for the
inability or unwillingness to submit to authoritarianism and wear a
mask when on the premises of its apartment complex.

Now, under the provisions of Toronto Bylaw #541-2020, you can be fined for not complying with the Mandatory Mask By-law, which includes honouring stated exemptions. Your Corporation can be personally sued in Small Claims Court for damages up to $35,000, and can ADDITIONALLY be sued in the Ontario Human Rights Tribunal for up to $50,000 for violating the human rights of a tenant/tenants. By not recognizing the provisions for Mask Exemptions, you are creating an environment hostile to those unable or unwilling (by virtue of ideological or medical specification) wear a mask or face covering.
Your ignorant signage does EXACTLY that. My wife has been DENIED access to an elevator (with only a single other person on it) because she does not wear a mask or face covering. The tenant just pointed to your deceptive sign and said "No mask, you don't get to use the elevators", which is HIGHLY actionable.
And then today, when I was getting on an elevator from the lobby, one other person (a cleaning employee, coming from B1, and stopping at 10) was on the elevator. When I got on she gasped "where's your mask?" I said I'm exempt, to which she replied "it's for me, and for you.. we MUST WEAR A MASK." I told her no, there are exemptions to the By-law, and that the By-law is actually superseded by Regulation of the Reopening Ontario Act which ALSO provides for exemptions. If you are unaware of these exemptions, you can just go to www.IAMEXEMPT.ca and properly inform yourself, instead of engendering and instilling fear into your employees and tenants.

I wouldn't be surprised if some of these inadequately trained and briefed about the Mask Exemptions were forced to submit a Human Rights Complaint against Medallion Corporation for its DELIBERATE and CONCERTED efforts to misinform those entering or remaining within enclosed common areas on the premises of Medallion Corporation. I'm not encouraging such lawfare to be waged against Medallion Corporation, as that's not a very sporting to do to The Corporation. It's VERY zero-sum, and I like to seek win-win resolutions.
That noted, I feel that if you continue to violate the Human Rights of certain tenants by your improper and partial application of the Mandatory Mask rules set out by Toronto Bylaw and actually ENFORCEABLE province-wide by the Reopening Ontario Act and its regulations. The Corporation has been cautioned, warned, and given ample time to correct its misleading signage. And yet, certain tenants of this building CONTINUE to be treated like a subordinate class of human because they cannot, or choose not, to wear a mask or face covering.

Why is that? No doubt wholly or partially because of your partial and misleading signage. Your exterior doors are compliant by listing exemptions, but ALL of your internal signage is non-compliant, and when I post PROPER and CORRECT signage, it is removed within 24-hrs. We really should talk, and I can speak in person with members of The Corporation within 48-hrs notice. I will be able to brief your management on how NOT to get dragged before the HRT, dragged into SCC, or just fined by the Reopening Ontario Act enforcement. 

I am highly disappointed at your on-site management's lack of familiarity with applicable laws and bylaws. But still, I am willing to help you get it right. Please acknowledge receipt of this transmission with 5-business-days or before Tuesday December 15th, 2020. Thank-you, God Help Canada, and God Bless the protected exercise of our Fundamental Rights & Freedoms.

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