Emily Mathieu
A Toronto tenant with a long history of not paying rent, who was found guilty of defrauding two of her landlords, has been sentenced to six months in jail.
Nina Willis is expected to begin serving her sentence in about two weeks.
“Certainly a message must go out that this kind of conduct is not acceptable in the community,” said Justice Alphonse Lacavera, shortly before informing Willis she would receive jail time.
Lacavera had found Willis guilty of two counts of fraud under $5,000 and two counts of false pretense under $5,000 in December, for misleading two landlords on her rental applications, and in emails she provided when applying to rent their homes.
“Frauds have been committed, the landlords have suffered, they are completely unhappy, they have lost their savings, they have lost their peace and quiet, their enjoyment of life, basically,” Lacavera said to Willis during Friday’s hearing.
“You came along and disturbed the peace for them.”
Willis will also be on probation for one year, must keep the peace and have no direct or indirect conduct with her former landlords. She must also accept counselling recommended by her probation officer.
During the hearing, Willis told Lacavera she felt remorse, apologized to her landlords and said she understood she had to face the consequences of her actions.
“I won’t be in trouble again … I won’t do this again,” she said.
She has already stated she intends to appeal.
Assistant Crown attorney Craig Power had sought a 12-month jail sentence.
“Crime must never pay,” said Power, prior to sentencing. “Ms. Willis has already gotten paid. Using her ability to lie purposefully, she lowered her housing costs to unconscionable levels, always at the emotional and financial expense of her victims.”
The sentencing was adjourned, in part, so Willis could have two weeks to organize her affairs. She has been ordered to report back to court on April 27, when she will be taken into custody. Lacavera is also expected to discuss reparations.
Landlords Darius Vakili and Virginia Stoymenoff, whom Willis was found guilty of defrauding, said they both felt the sentence was fair but didn’t expect to get back any of the thousands of dollars they lost in rent, legal fees and home repairs required after Willis moved out.
During Friday’s hearing, Willis said she has long been the victim of bullying, that many of the issues she had with landlords and lawyers were misunderstandings, and that press coverage of her case has interfered with her housing, employment and family relationships.
Lacavera carefully listened to and considered all of Willis’s points.
“You have to understand that you have made your own bed in these circumstances and you can’t go around the way you have using the system the way you do,” and not expect media coverage, he said.
Former landlords have said that when Willis first rents a house, she seems charming and responsible, but then the rent payments stop.
At the provincially funded Landlord and Tenant Board, Willis complains of maintenance issues — which can result in a rent abatement or buy time if an inspection or repairs are ordered — and she typically alleges harassment and discrimination.
