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Disturbing Landlord Negligence Case Results in Fine


LETHBRIDGE: 64-year old Wilf Tymensen was found guilty and sentenced Thursday, on 11 of the 19 charges against him for renting a room in his condemned trailer.

He rented the room to 64-year old Norm Flammand and continued living there himself, after signing an order saying he would not let anyone (including himself) sleep there until all the code violations had been corrected.

The morning of December 30th, 2009 Flammand was found dead, after Tymensen returned from a night at the casino. The issue of Flammand's death however was not the issue at trial, as it can not be proven that it was the living conditions that killed him.

The trailer didn't have running water, electricity or heat, and was littered with garbage and dog feces.

To provide heat Tymensen admitted to using two propane barbecues. He also noted that they had an extension cord running from the neighbours to power a tv and coffee maker.

It was also stated that perishable food items like milk and eggs were left out on the counter, because without electricity the fridge didn't work. To make things even worse, the toilet didn't work, and human waste had been building up there.

Rob O'Neill, the lawyer for Alberta Health Services, recommended during sentencing, that Tymensen pay a total of $13,340 in fines. He stated that Tymensen collected $650 in rent a month for two years from Norm Flammand, in addition to what he was making on disability and workers compensation.

Tymensen countered, saying he was getting cut off from workers compensation and disability because he's about to turn 65 and said he couldn't handle a large fine. He added that he only got four months rent from Flammand, however the O'Neill showed proof that Flammand's AISH cheques had been signed over to Tymensen for two years. Tymensen went on to say that he sold his trailer for only $650 and the only thing he had left to his name was the minivan he now lives in.

Judge Paul Pharo ultimately decided that the $13,340 fine would be too harsh, and instead imposed a fine of $1,955, which needs to be paid by October 28th, or he'll have to serve 15-days custody.

Tymensen does have the option of working off the fines through volunteering with local groups.

During the trial back in March, Tymensen argued during a tear filled closing statement that his friend (Flammand) wanted to stay with him, and simply didn't have anywhere else to go as he had no friends or family. He also commented that Flammand had been attacked when last staying at the homeless shelter.

O'Neill responded to the arguement, based on testimony from Tymensen's ex-wife. She had stated that while they couldn't stay at her home in Stirling on a permanent basis, they could spend the night when they needed to.

Adding to the already convoluted trial, Tymensen at one point accused O'Neil of changing evidence in the case and breaking into his vehicle. He had said photos put into evidence that day were different from ones that had been sent to him the week before, which he couldn't find. He then stated that he found the new photos in his van. He concluded that O'Neil had entered his van, removed the photos, replaced them with the new ones, then entered the van again and planted the file.

Posted on Thursday, April 28, 2011 at 4/21/2014 4:30:54 PM
Source: Patrick Burles-- Country 95 News
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