This is the story of Nikki Lynn Hooper who had a history of non-payment of rent starting in 2012 in Durham Region. Her partner Kevin Shane Hill participated in the fraud when they became connected. In 2021 after multiple housing providers had been defrauded, the dots were finally connected and presented to Police. As a result, 2 charges were laid. There were many twists and turns including name changes and partner changes but one tenant was in the situation for the entire time.
When charges were finally laid, the defendants (2) were told that there will be a no contact order with any of the landlords and if any attempt at contact is made they will be arrested.
Criminal Charges
Count 1 – Between January 30, 2021 and July 21, 2022 at the Town of Whitby did commit the offence of FRAUD EXCEEDING $5,000/SPECIFIC VICTIM , contrary to Section 380, subsection (1), clause (a) of the Criminal Code of Canada
Count 2 and FURTHER THAT (NAME OF DEFENDANT) has been charged with he/she, on or about January 30, 2021 at the Town of Whitby did commit the offence of UTTER FORGED DOCUMENTT/GENERAL WORDING, contrary to section 368, subsection (1), clause (a) of the criminal code of Canada.
In May 2021 a freedom of information request was finally received. In the first half of 2024 the defendant/ex-tenant of one landlord had resolved all of the tenant’s applications that were filed against them (T2, T6 and T5). The ex-tenant did not show up for the hearing in any of those cases and all cases were deemed abandoned and dismissed.
Landlord #1 2012, Oshawa – resolved in mediation
Landlord #2 2013, Whitby arrears $5,075.85
Landlord #3 2015 – 2019, Whitby arrears $2,500.00
Landlord #4 2020 – 2021, Arrears $14,438.93. The adjudicator deemed the tenancy terminated April 6, 2021. The property was sold April 7, 2021. Texts are available showing attempts requesting the landlords for $5,000.00 in a cash-for-keys payment that they agreed to and then further texts saying “Pay me $8,000.00 in 2 hours or the new amount will be $15,000.00.”
Landlord #5 Date of Order: June 23, 2022, arrears $25,800.15 + claimed damages to a/c unit, walls, duct cleaning, backyard patio, flooring, exterior door, windows, flooring, pest control and damage from 2 dogs. The requested damages to the a/c unit, duct cleaning and pest control were denied by the LTB adjudicator. To repair and replace damaged items the tenants are required to pay $5,000.00 and $2,032.22 for unpaid utility costs.
Her ex-partner plead guilty on May 24, 2024. His sentencing is 12 months probation and he will now have a criminal record. The restitution order says he must also pay back $12,500 by November 29, 2024.
On July 12, 2024 the defendant/ex-tenant plead guilty to Uttering a forged document and the Crown dropped the other charge of fraud exceeding $5000. The defendant/ex-tenant asked to delay sentencing in order to see a written copy of what was agreed to. The landlord will present a victim impact statement and the sentencing will take place on Tuesday, September 3, 2024.
The deal to drop one of the criminal charges was not discussed with the landlord. While it is appreciated that the Crown Attorney proceeded with this case, when multiple housing providers demonstrate that they have been defrauded, where is the deterrent and protection for future housing providers?
We’re helping housing providers fight back. In addition to educational content such as documentation and webinars, we’re leading an effort to help landlords understand how they can initiate criminal prosecutions for fraud. If you are a landlord in need of help, we welcome you to join us for free.
