Crown withdraws mischief charge against landlord

Robert Regular agreed to a peace bond instead

A charge of mischief laid against a St. John’s landlord who had allegedly used a front-end loader to damage his tenants’ vehicle has been withdrawn.

Robert Regular was represented by defence lawyer Jerome Kennedy when his case was called in provincial court in St. John’s Friday morning.

The court heard that Regular had agreed to abide by a peace bond, compelling him to have no contact with tenant Cory Monk and a family member of tenant Joella Dyke who had been the registered owner of the vehicle in question. Regular is also ordered to be of good behaviour and to not “annoy, torment, harass or intimidate” the two people “in any way whatsoever.”

The peace bond also orders Regular to remain away from the place of residence, employment or schooling of his tenant.

It’s not know whether Monk and Dyke are still living in the St. John’s residence they rented from Regular. Last week a Newfoundland and Labrador Supreme Court judge heard an application from the couple for the right to continue residing in the home pending an appeal of a recent residential tenancy board decision.

Monk and Dyke told the court Regular had served them with an eviction notice for late rent payment last October and they had made a payment before the deadline by depositing money into his trust account, as requested. The money wasn’t withdrawn until after the eviction deadline had passed.

A residential tenancy board adjudicator had ruled it was the couple’s responsibility to make sure the money was paid, and Justice Sandy Macdonald pointed out Dyke and Monk had received a halfdozen prior notices of late rent payments.

The couple said they had been looking for a new place to live, but were having difficulty finding somewhere pet-friendly that was within their budget.

Macdonald declined to grant their application, saying the couple had not provided enough evidence to meet the legal test for that to happen.

RNC officers laid the mischief charge against Regular in connection with a March 3 incident. Regular had reportedly shown up at his rental property with a front-end loader and driver, looking to clear snow from the side of the house. Video of the incident depicts Regular driving the loader and using the bucket to move a car backward, with Monk on the hood.

Regular, who is a lawyer, said he accidentally struck the house while backing away from the vehicle, and his own vehicle’s window had been smashed after Monk tried to stop him from leaving.

Monk is facing a mischief charge. His matter was called in provincial court as well Friday, and was postponed until June 18.