On Friday morning, Superior Court Judge Sally Gomery adjourned the matter until Sept. 19, giving TUPC more time to develop arguments about why it should be allowed to stay at the St. Patrick. Meanwhile, Gomery ordered that TUPC members may not harass other tenants throughout the property, may not harass landlords, may not obstruct parking, may not interfere with bailiffs posting notices and must allow a company located inside to carry out maintenance work in a boiler room. It also ruled that property owners cannot harass TUPC. Outside court on Friday morning after the adjournment, church owner Patrick MacDonald said he was “a bit disappointed it was delayed” but was encouraged by the judge’s terms. “He said … the water gun brigade should stop harassing people,” he said, referring to the water guns used by TUPC to spray people – including protesters and journalists – who they accused of trespassing. William Komer, director of TUPC, stands in front of the St. Brigid’s holding a water gun on August 25, 2022. (Alexander Behne/CBC) William Komer, one of TUPC’s directors, appeared in court on behalf of the group. He told the judge TUPC had retained lawyer Saron Gebresellassi, although she was unable to attend court on Friday. Gebresellassi filed a notice of appearance requesting that the matter be adjourned until Oct. 31, arguing that TUPC had not received enough notice under the Commercial Lease Act. The law states that a tenant must receive at least three days’ notice outlining the events that entitle a landlord to regain possession of their property. The law also states that a landlord is required to provide one day’s notice for every 20 miles (32 kilometers) between the court location and the tenant’s residence. While the owners argued that Comer and at least one other manager were staying at the church, TUPC’s lawyer said their “place of residence” is actually the group’s headquarters in London, Ont. Judge Gomery described the language of the statue as antediluvian — which refers to the time before the biblical flood. The judge said her reading of the law didn’t necessarily line up with TUPC’s argument, but she was willing to give them the benefit of the doubt in the interest of fairness and giving the team adequate time to prepare. Court documents filed earlier by the owner say a deal that would see TUPC buy the building near downtown Ottawa fell apart because the group failed to make deposits totaling $100,000. McDonald’s affidavit states that TUPC failed to make three separate payments for the purchase of the former St. Brigid’s when they were due on August 10th. That violated the purchase agreement for the property and, combined with the $10,000 the group owes in rent and its failure to provide proof of $5 million in liability insurance, gives the landlord the right to terminate TUPC’s lease, it said in the document. Patrick McDonald, the owner of St. Brigid’s in Lowertown, said he was disappointed by the delay in the hearing, but pleased with the conditions set at TUPC. (Francis Ferland/CBC) Comer disputed that in court Friday, saying the affidavit contained perjury, which he had reported to police. She also claimed that TUPC had paid her rent. “All the money is here available … if they want to accept it,” he told the court. Judge Gomery suggested he speak to his lawyer.
Komer says TUPC never claimed to have $6 million
Komer continued that argument outside court, where he said TUPC had presented the owners with $100,000 in bank notes, but they were not accepted. “We have an active agreement that they are clearly actively trying to get out of,” he said, implying that the group has recordings of verbal statements. An agreement of sale dated June 8 — signed electronically by the owners and Komer — shows the site was to be sold for $5.95 million. The director claimed the “entire deal” for the property hinges on a fundraising campaign. “At no point did we come to them and say, ‘We have $6 million in the bank.’ We’d like to buy your building,” Comer said. Instead, he claimed, the group offered a $5,000 deposit and the owners didn’t give TUPC access to the space they needed to raise money. The purchase agreement included in the McDonald’s affidavit, which is signed by both Komer and the property owners, does not mention a fundraiser.
I come to court with “clean hands”
Gordon Douglas, the landlords’ attorney, said accepting the rent now could mean waiving the TUPC notice of termination. The property owners are under no obligation to do so, he said. Douglas pointed to events at the church since the eviction process began, which include clashes with community members and the bailiff who confronted and prevented him from posting notices on the building. “You have to come to court with clean hands to make the argument that you as a tenant should be freed from forfeiture,” he said. WATCHES | Residents sprayed with water gun during confrontation with TUPC
Residents were sprayed with a water gun during a confrontation with TUPC members
Members of The United People of Canada, the group currently occupying St. Brigid’s, sprayed several residents with a water gun during a verbal altercation early Thursday morning. The McDonald’s building owner’s comments on Friday were the first time he directly addressed the situation at the site. He said he hopes the judge’s no-disturbance terms mean other tenants at the property will be able to use the parking lot again. “Mr. Comer and his compatriots said they would arrest me if I came near the place,” MacDonald said. “As an owner, I find it amazing.” He argued that the sale and purchase agreement for the property was “over and done with”.
