No-contact order with girlfriend keeps Edmonton man out of his own house
[QUOTE]'Squatter' forces man out of home
No-contact order with girlfriend keeps man out of his own house
By TONY BLAIS, SUN MEDIA
The Edmonton Sun
EDMONTON -- In a bizarre case before the courts, an Edmonton man has been forbidden from going to his own home while his girlfriend - whom he has told to get out - is still living there.
Todd Shandro, 36, went before a judge yesterday to try to resolve the situation, but he was told there were jurisdictional issues and he has to take the matter to civil court.
"It's very sick what is happening here," said a frustrated Shandro. "I am the sole owner of the house. The mortgage and title are in my name and she is essentially a squatter.
"It's ridiculous. The system doesn't seem to be working here and she is bending the law to her own advantage."
The problem appears to be there is no overlap between civil matters such as land titles and home ownership and criminal matters where no-contact orders are issued.
Court heard yesterday that Shandro is charged with two counts of assault, one against the ex-girlfriend and one against her mother.
After his arrest, a justice of the peace released Shandro on $500 bail and issued a no-contact order barring him from going within five blocks of his home near 102 Street and 113 Avenue.
The JP also ordered that Shandro could revisit the residence issue by bringing his ownership documents to court.
However, Shandro has twice appeared before a judge to amend the bail conditions, with both a lawyer and the documents showing he owns the home, but to no avail.
And the same thing happened again yesterday.
"All we want is to amend the bail conditions so I can live in my own home," said Shandro.
Court heard Shandro and his ex had been dating for more than a year when he invited her to move in to the home on a "trial" basis approximately eight months ago.
In October, Shandro realized he wanted to end the relationship with his girlfriend and asked her to leave, said defence lawyer Chady Moustarah.
"She said 'no, I'm not leaving', " said Moustarah, adding Shandro repeatedly tried to get her to leave.
On Dec. 5 he came home from work and found both his ex and her mother there and asked them both to leave. When they refused, he went to a pub and had a couple of drinks, said Moustarah.
He returned and again asked them to go and the mother told him to go to the bedroom and lie down.
He again left, but quickly returned and demanded they leave, which is when the assault allegedly happened, said Moustarah.
He told the judge the ex-girlfriend says she is fearful of Shandro, but questioned why she is then staying at his house.
"It doesn't make sense," said Moustarah. "Essentially she is a squatter. She is trespassing."
The Crown told court the girlfriend has been paying bills and said she wants to remain in the home because she has two children and they go to a nearby elementary school.
Justice Stephen Hillier ruled the matter should go to civil court and adjourned the bail review to March 2.[/QUOTE]
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