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  #91  
Old 8/10/13, 1:38 AM
Stephan Tremblay, CMI's Avatar
Stephan Tremblay, CMI Stephan Tremblay, CMI is offline
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Default Re: CCHI Come to Ontario

My email, websites, company name, name, phone number and business addresses are all posted online. I'm running a business here! Lol Anyone needs me, they can find me.
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  #92  
Old 8/10/13, 6:51 AM
Dave Bowman Dave Bowman is offline
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Default Re: CCHI Come to Ontario

Quote:
Originally Posted by stremblay View Post
My email, websites, company name, name, phone number and business addresses are all posted online. I'm running a business here! Lol Anyone needs me, they can find me.
Couldn't find your name under the heading of "Home, Services, Prices nor under Contact!

Shouldn't your name be up front under Home or Contact?

Personally I would be telling clients to avoid any home inspector whose name is not out front and easy to find.

If you consider yourself the premier inspection company in your area with lots of fancy titles why would you charge such a low price for your services.

Any inspector or biz entity is foolish to make unfounded marketing statements such as, As Windsor & Essex County's leading Property and Environmental Inspection Company are subjective statements. Using such unfounded statements and embellishments can lead to ammo for any lawyer retained to dispute your services should you screw up.
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  #93  
Old 8/10/13, 7:36 AM
Dave Bowman Dave Bowman is offline
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Default Re: CCHI Come to Ontario

Quote:
Originally Posted by linkster View Post
Read it again then Roy, read our Bylaws. We did nothing wrong, in fact we bent over backwards to make it as smooth a transition as possible given the circumstances.

As self-appointed founding directors we had no members mandate, when we were voted to the board at the AGM that's when things started to go awry and the President started going off and doing things opposite to our mission, would consult or take countenance of the board, his documented outbursts with the Watch Dog as he likes to call them, has caused problems with other Associations. Did he think that the Ministry of Consumer services wouldn't tell the other Associations what was being said about them?

We are still trying to patch up these problems.

Maybe it was the belief he had the mandate to act as he felt, without the need to consult or gain the approval of the board, I don't know.

He was warned, he was warned again, he was forced to resign.

Everything else is pure conjecture or fabrication.

What you are feeling is the lack of knowledge in what really happened because we didn't want to drag Kevin or the Association through the mire. The mire keeps coming back to haunt us, so it's time we stood up and set things straight.

It was not a set-up, it was reigning in of the uncontrollable, again documented, venting of someone who was supposed to be standing up for the higher ethics of a new professional body, and then went in the opposite direction to what we were asking members to do.
Took a look at the OACHI site. Couldn't find anything in the bylaws about removal of director.

However I did find this: Bylaws in red have been voted into the OntarioACHI constitution by the board and remain as temporary additions or changes to the Bylaws until formal ratification or rejecting by the members at the next Annual General Meeting2.4a Director Discipline (enacted May 9th, 2013)
Any Director proven to have made any statement of an unprofessional nature or proven to have made a personal opinion that could be related back to OntarioACHI, without first getting full board approval to have that opinion representative of the Association is required to resign their position as Director immediately.


The bylaw is not valid until ratified as indicated above.

From Not for Profit Corporations Act.


Removal of directors
26. (1) The members of a corporation may, by ordinary resolution at a special meeting, remove from office any director or directors, except persons who are directors by virtue of their office. 2010, c. 15, s. 26 (1).
Director elected by class or group of members
(2) A director elected by a class or group of members that has an exclusive right to elect the director may only be removed by an ordinary resolution of members of that class or group. 2010, c. 15, s. 26 (2).
Filling vacancy
(3) A vacancy created by the removal of a director may be filled at the meeting of the members at which the director is removed or under section 28. 2010, c. 15, s. 26 (3).
Statement of director
27. (1) Subject to the by-laws, a director is entitled to give the corporation a statement giving reasons,
(a) for resigning; or
(b) for opposing his or her removal as a director if a meeting is called for the purpose of removing him or her. 2010, c. 15, s. 27 (1).
Circulating director’s statement
(2) A corporation shall immediately give the members a copy of the statement. 2010, c. 15, s. 27 (2).
Immunity from liability
(3) No corporation or person acting on its behalf incurs any liability by reason only of complying with this section. 2010, c. 15, s. 27 (3).
Filling vacancy
28. (1) Except as provided in this section, a quorum of directors may fill a vacancy among the directors. 2010, c. 15, s. 28 (1).
Calling members’ meeting
(2) If there is not a quorum of directors or if there has been a failure to elect the number or minimum number of directors provided for in the articles, the directors then in office shall without delay call a special meeting of the members to fill the vacancy and, if they fail to call a meeting or if there are no directors then in office, the meeting may be called by any member. 2010, c. 15, s. 28 (2).
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  #94  
Old 8/10/13, 3:01 PM
kwood kwood is offline
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Default Re: CCHI Come to Ontario

Looks like someone is playing a game of chess.
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  #95  
Old 8/10/13, 3:06 PM
ROBERT YOUNG's Avatar
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Default Re: CCHI Come to Ontario

Quote:
Originally Posted by Dave Bowman View Post
Took a look at the OACHI site. Couldn't find anything in the bylaws about removal of director.

However I did find this: Bylaws in red have been voted into the OntarioACHI constitution by the board and remain as temporary additions or changes to the Bylaws until formal ratification or rejecting by the members at the next Annual General Meeting2.4a Director Discipline (enacted May 9th, 2013)
Any Director proven to have made any statement of an unprofessional nature or proven to have made a personal opinion that could be related back to OntarioACHI, without first getting full board approval to have that opinion representative of the Association is required to resign their position as Director immediately.


The bylaw is not valid until ratified as indicated above.

From Not for Profit Corporations Act.


Removal of directors
26. (1) The members of a corporation may, by ordinary resolution at a special meeting, remove from office any director or directors, except persons who are directors by virtue of their office. 2010, c. 15, s. 26 (1).
Director elected by class or group of members
(2) A director elected by a class or group of members that has an exclusive right to elect the director may only be removed by an ordinary resolution of members of that class or group. 2010, c. 15, s. 26 (2).
Filling vacancy
(3) A vacancy created by the removal of a director may be filled at the meeting of the members at which the director is removed or under section 28. 2010, c. 15, s. 26 (3).
Statement of director
27. (1) Subject to the by-laws, a director is entitled to give the corporation a statement giving reasons,
(a) for resigning; or
(b) for opposing his or her removal as a director if a meeting is called for the purpose of removing him or her. 2010, c. 15, s. 27 (1).
Circulating director’s statement
(2) A corporation shall immediately give the members a copy of the statement. 2010, c. 15, s. 27 (2).
Immunity from liability
(3) No corporation or person acting on its behalf incurs any liability by reason only of complying with this section. 2010, c. 15, s. 27 (3).
Filling vacancy
28. (1) Except as provided in this section, a quorum of directors may fill a vacancy among the directors. 2010, c. 15, s. 28 (1).
Calling members’ meeting
(2) If there is not a quorum of directors or if there has been a failure to elect the number or minimum number of directors provided for in the articles, the directors then in office shall without delay call a special meeting of the members to fill the vacancy and, if they fail to call a meeting or if there are no directors then in office, the meeting may be called by any member. 2010, c. 15, s. 28 (2).
David that is thorough investigative work.
I know emotions have been a source of unintentional maneuvers that catch many off guard unknowingly.
I am sure OntarioACHI have put this subject to bed with all members involved at an understanding it will not happen again intentionally.
That being said, you do bring up a point.
I as you await a reply.





Robert Young's Montreal Home Inspection Services Inc.
Call (514) 489-1887 or (514) 441-3732
The best home inspection offers value and service.
Our Motto; Putting information where you need it most, "In your hands."
http://montreal-home-inspection-services.com
http://home-inspection-companies.com
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  #96  
Old 8/11/13, 1:33 AM
Stephan Tremblay, CMI's Avatar
Stephan Tremblay, CMI Stephan Tremblay, CMI is offline
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Default Re: CCHI Come to Ontario

Quote:
Originally Posted by Dave Bowman View Post
Couldn't find your name under the heading of "Home, Services, Prices nor under Contact!

Shouldn't your name be up front under Home or Contact?

Personally I would be telling clients to avoid any home inspector whose name is not out front and easy to find.

If you consider yourself the premier inspection company in your area with lots of fancy titles why would you charge such a low price for your services.

Any inspector or biz entity is foolish to make unfounded marketing statements such as, As Windsor & Essex County's leading Property and Environmental Inspection Company are subjective statements. Using such unfounded statements and embellishments can lead to ammo for any lawyer retained to dispute your services should you screw up.
Simple answers to your questions:

1) My name is not plastered across my site, because I have several employees.
2) Prices are fair for this market. Most inspectors charge less here. We are the unemoyment capital of Canada!
3) Home Inspections account for about 20% of my business. Well, ones we get from the site. The other 80% comes from several hard fought contracts that keep a nice stream of work coming in all year round. These jobs pay premium.
4) Thanks to Dale Duffy and other fine inspectors from below the border, we have picked up over a dozen commercial jobs since March. Pretty good start I think. No marketing yet, just off referrals.

I guess the bottom line is this. If you are only offering standard home inspection at the same average price as your competition with the same qualifications as your Aunt and Uncle...don't wait by your phone.

Once you're busy enough to not mind taking a $20 hit on an inspection just to relax for a few hours, that wont stop food from hitting your table. The lowest prices here are $200 for an average home in the city, the average here is $300. I charge $275 on nearly all of the homes I do. I'm doing just fine.

PS- Join InterNACHI and take the absolute best courses in the industry free as part of your membership. Study, learn and grow. After you are done, feel free to utilize as many of InterNACHI's great logos as you want to show your dedication to continuous learning. But don't expect to double your fees based on a logo alone.

I hope that helped to answer your empty questions.
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  #97  
Old 8/11/13, 3:33 AM
Stephan Tremblay, CMI's Avatar
Stephan Tremblay, CMI Stephan Tremblay, CMI is offline
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Default Re: CCHI Come to Ontario

Robert, in good faith because you deleted your post, as will I.
Goodnight.
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  #98  
Old 8/11/13, 8:29 AM
ROBERT YOUNG's Avatar
ROBERT YOUNG ROBERT YOUNG is offline
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Default Re: CCHI Come to Ontario

Quote:
Originally Posted by stremblay View Post
Robert, in good faith because you deleted your post, as will I.
Goodnight.
Thank you for your kind reply. Not deserve after my smart aleck remark.
After a failed attempt I will aligning myself with commercial inspections.

Bottom feeders charge $200 and the average is $500 for a residential inspection.
Good house detectives charge 1500 to 3000 dollars. WORTH EVERY PENNY.
dale duffy is a businessman that has helped me and offers me words of encouragement as he did you Steven.
Unfortunately family and other circumstances has left me unable to fulfill the earnest requirements needed to devote more time at my business.
With out vulgarity and speaking honestly I could not sustain a proper home inspection business for 300 dollars an inspection. I average 4 hours per unit. 4 hours for the report and 2 hour post inspection review for the clients.
I am sure the language separation keeps out the wealth of information the government needs to mandate real estate inspection protocol. Even leading report providers say they are asked for a reporting system in French. Imagine that, in todays growing economy were more language is everything Quebec only wants to adopt one for government and business. Not for long I hope buddy, not for long I pray.





Robert Young's Montreal Home Inspection Services Inc.
Call (514) 489-1887 or (514) 441-3732
The best home inspection offers value and service.
Our Motto; Putting information where you need it most, "In your hands."
http://montreal-home-inspection-services.com
http://home-inspection-companies.com

Last edited by ryoung7; 8/11/13 at 9:08 AM..
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  #99  
Old 8/11/13, 11:30 AM
Leonard Inkster, CMI's Avatar
Leonard Inkster, CMI Leonard Inkster, CMI is offline
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Default Re: CCHI Come to Ontario

Quote:
Originally Posted by Dave Bowman View Post
...The bylaw is not valid until ratified as indicated above...From Not for Profit Corporations Act...
Removal of directors
26. (1) The members of a corporation may, by ordinary resolution at a special meeting, remove from office any director or directors, except persons who are directors by virtue of their office. 2010, c. 15, s. 26 (1)...
Quoting a Law is like writing an Inspection report.

First and foremost, your statement about a bylaw not being valid until ratified is poppycock. Any NPO bylaw can be changed by a majority vote of the members and any bylaw that does not alter the general voting requirements of the Association can be changed by a majority vote of the directors and comes into effect immediately, but can be fully ratified or overturned by the next general meeting of members. See below.

Second the law you are so happily quoting is from the Ontario Not-for-Profit Corporations Act, 2010, S.O. 2010, CHAPTER 1, which was enacted on October 25, 2010, but as yet is still not in force. ( see here )

If however you do wish to quote from the Act, then you should look at the Act in it's entirety, not just cherry pick from the parts that suit your argument. I quote (again from the same act)

16. (1) It is not necessary for a by-law to be passed in order to confer any particular power on a corporation or its directors. 2010, c. 15, s. 16 (1).
17. (1) Unless the articles or the by-laws otherwise provide, the directors may by resolution make, amend or repeal any by-law that regulates the activities or affairs of the corporation, except in respect of a matter referred to in clause 103 (1) (g), (j) or (l). 2010, c. 15, s. 17 (1).
Member approval
(2) The directors shall submit the by-law, amendment or repeal to the members at the next meeting of the members, and the members may confirm, reject or amend the by-law, amendment or repeal by ordinary resolution. 2010, c. 15, s. 17 (2).
Effective date
(3) Subject to subsection (5), the by-law, amendment or repeal is effective from the date of the resolution of the directors. If the by-law, amendment or repeal is confirmed or confirmed as amended by the members, it remains effective in the form in which it was confirmed. 2010, c. 15, s. 17 (3).

103. (1) A special resolution of the members or, if section 105 applies, of each applicable class or group of members, is required to make any amendment to the articles of a corporation to,
(a) change the corporation's name;
(b) add, change or remove any restriction on the activities that the corporation may carry on;
(c) create a new class or group of members;
(d) change a condition required for being a member;
(e) change the designation of any class or group of members or add, change or remove any rights or conditions of any such class or group;
(f) divide any class or group of members into two or more classes or groups and fix the rights and conditions of each class or group;
(g) add, change or remove a provision respecting the transfer of a membership;
(h) subject to section 30, increase or decrease the number of, or the minimum or maximum number of, directors fixed by the articles;
(i) change the purposes of the corporation;
(j) change to whom the property remaining on liquidation after the discharge of any liabilities of the corporation is to be distributed;
(k) change the manner of giving notice to members entitled to vote at a meeting of members;
(l) change the method of voting by members not in attendance at a meeting of the members; or
(m) add, change or remove any other provision that is permitted by this Act to be set out in the articles. 2010, c. 15, s. 103 (1).


For those that don't read legalese.

  1. The Directors passed, by majority vote
  2. the Bylaw which came into effect immediately.
  3. We published this, and to ensure transparency to the members published the changes in RED to ensure they did not get missed at the next AGM.
  4. It will either be confirmed at the next AGM or revoked by the membership.

The fact that this Act hasn't yet come into force, doesn't matter in this case, as these provisions have been in the Federal NPO legislation for some years prior to this Act being laid before parliament. You can find a copy here.

The important parts of this act, as spoken to above are:
Part 10 – ByLaws and Members
(1) Unless the articles, the by-laws or a unanimous member agreement otherwise provides, the directors may, by resolution, make, amend or repeal any by-laws that regulate the activities or affairs of the corporation, except in respect of matters referred to in subsection 197(1)
(2) The directors shall submit the by-law, amendment or repeal to the members at the next meeting of members, and the members may, by ordinary resolution, confirm, reject or amend the by-law, amendment or repeal
(3) Subject to subsection (5), the by-law, amendment or repeal is effective from the date of the resolution of the directors. If the by-law, amendment or repeal is confirmed, or confirmed as amended, by the members it remains effective in the form in which it was confirmed
(4) The by-law, amendment or repeal ceases to have effect if it is not submitted by the directors to the members as required under subsection (2) or if it is rejected by the members
(5) If a by-law, an amendment or a repeal ceases to have effect, a subsequent resolution of the directors that has substantially the same purpose or effect is not effective until it is confirmed, or confirmed as amended, by the members.
(6) A member entitled to vote at an annual meeting of members may, in accordance with section 163, make a proposal to make, amend or repeal a by-law

As the bylaw introduced was to ensure that Directors of the Association were not allowed to act contrary to the mission and bylaws of the Association which the members were held to, it was seen as an enforcement of the professional attitude we took from the get-go.

Not only can we spell professional, but we know what it means and, more to the point what it doesn't.

I said at the beginning of this response Quoting a Law is like writing an Inspection report.

If you don't know what you are doing you shouldn't do it.




Future Proof Property Inspections Inc.

Leonard Inkster, CMI, CITP, CCHI, CPI, IAC2

Any information posted by me on this site should be considered a personal opinion.

Web: http://fppi.ca
Mail: leni@fppi.ca

"Every man always has handy a dozen glib little reasons why he is right not to sacrifice himself..." - Aleksandr Solzhenitsyn
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  #100  
Old 8/11/13, 11:49 AM
Leonard Inkster, CMI's Avatar
Leonard Inkster, CMI Leonard Inkster, CMI is offline
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Default Re: CCHI Come to Ontario

Quote:
Originally Posted by Dave Bowman View Post
Couldn't find your name under the heading of "Home, Services, Prices nor under Contact!

Shouldn't your name be up front under Home or Contact?

Personally I would be telling clients to avoid any home inspector whose name is not out front and easy to find.

If you consider yourself the premier inspection company in your area with lots of fancy titles why would you charge such a low price for your services.

Any inspector or biz entity is foolish to make unfounded marketing statements such as, As Windsor & Essex County's leading Property and Environmental Inspection Company are subjective statements. Using such unfounded statements and embellishments can lead to ammo for any lawyer retained to dispute your services should you screw up.
Pot calling the Kettle black! At least Stephan is prepared to come out and say what he does, who he is and what he believes he is capable of. Unlike Mr Dave Bowman, Stephan like others on this forum, does not hide in the shadows. In fact doing just that can cause serious identity problems.

For instance are you the Dave Bowman from Maine, General contractor, Lead Renovator and Ordained Minister and according to the website "the only Home Improvement Contractor you will need!"?

Or maybe you are the Dave Bowman, Realtor, from San Antonio Texas who appears from their website to be aligned with ASHI?

See what hiding in the shadows can do? Maybe it's just that you are ashamed of your real identity?




Future Proof Property Inspections Inc.

Leonard Inkster, CMI, CITP, CCHI, CPI, IAC2

Any information posted by me on this site should be considered a personal opinion.

Web: http://fppi.ca
Mail: leni@fppi.ca

"Every man always has handy a dozen glib little reasons why he is right not to sacrifice himself..." - Aleksandr Solzhenitsyn
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  #101  
Old 8/11/13, 12:42 PM
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Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: CCHI Come to Ontario

Quote:
Originally Posted by linkster View Post
Pot calling the Kettle black! At least Stephan is prepared to come out and say what he does, who he is and what he believes he is capable of. Unlike Mr Dave Bowman, Stephan like others on this forum, does not hide in the shadows.

Or maybe you are ashamed of your identity. You couldn't be the the Dave Bowman from Maine, General contractor, Lead Renovator and Ordained Minister and according to the website "the only Home Improvement Contractor you will need!"?
Very interesting I do not know who Dave Bowman is but he sure has upset you .
I think there must be a very valid reason why he has to stay incognito.
Looks like there must be some serious concerns with what he has said .
Thanks Dave it looks like we have a big problem.

https://www.nachi.org/forum/f48/cchi-...08/index6.html

Thanks Scott .My question from post 23 was never answered .
Len can you please tell us how many paid up members there are in Ontario ACHI.

..From CCHI Come to Ontario - Page 5 - InterNACHI Inspection Forum https://www.nachi.org/forum/f48/cchi-...#ixzz2bgDK0xUq

Last edited by rcooke; 8/11/13 at 12:49 PM..
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  #102  
Old 8/11/13, 12:47 PM
kwood kwood is offline
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Default Re: CCHI Come to Ontario

Well there is only 1303 to choose from. LOL
http://www.linkedin.com/vsearch/f?ke...up_item_detail
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  #103  
Old 8/11/13, 1:54 PM
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ROBERT YOUNG ROBERT YOUNG is offline
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Default Re: CCHI Come to Ontario

Len, maybe it is far better if you do not to reply friend.
I only wish you all the best.

We grow and learn daily. Some of the best lessons acquired are the ones we have the hardest time learning but are pointed out by others. Then upon reflection we can develope what is needed to satisfy a wider audience.

Best regards Len.
Robert





Robert Young's Montreal Home Inspection Services Inc.
Call (514) 489-1887 or (514) 441-3732
The best home inspection offers value and service.
Our Motto; Putting information where you need it most, "In your hands."
http://montreal-home-inspection-services.com
http://home-inspection-companies.com
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  #104  
Old 8/11/13, 2:38 PM
Leonard Inkster, CMI's Avatar
Leonard Inkster, CMI Leonard Inkster, CMI is offline
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Default Re: CCHI Come to Ontario

Quote:
Originally Posted by ryoung7 View Post
Len, maybe it is far better if you do not to reply friend.
I only wish you all the best.

We grow and learn daily. Some of the best lessons acquired are the ones we have the hardest time learning but are pointed out by others. Then upon reflection we can develope what is needed to satisfy a wider audience.

Best regards Len.
Robert
And sometime people choose not to learn buy to believe what they want even if the information is inaccurate.

My response is to defend the position that we were valid in holding, legally entitled to hold and up until the excrement hit the air moving device was a position everyone on the OntarioACHI board held. The only persons whose opinion has changed is the one who was on the receiving end of the very professional standards they stood for.

Last time I looked we were living in a free democracy where people have the right to defend themselves. The fact that the executive of OntarioACHI have had to endure a barrage of ill informed diatribe has forced me to reply, but with accurate, provable information.

Even in the face of such incontrovertible evidence, we still see the pacifiers being spat out right, left and centre.

While I appreciate your concern Robert, I will not sit back and watch so few people fabricate lies that are intended to do no more than destroy what many more are working hard to build.




Future Proof Property Inspections Inc.

Leonard Inkster, CMI, CITP, CCHI, CPI, IAC2

Any information posted by me on this site should be considered a personal opinion.

Web: http://fppi.ca
Mail: leni@fppi.ca

"Every man always has handy a dozen glib little reasons why he is right not to sacrifice himself..." - Aleksandr Solzhenitsyn

Last edited by linkster; 8/11/13 at 2:49 PM..
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  #105  
Old 8/11/13, 2:51 PM
kwood kwood is offline
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Default Re: CCHI Come to Ontario

No one is trying to destroy what you have put together.
What you need to learn is yet to come.
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