St Brigid's Church owner Patrick MacDonald is represented by attorney Gordon Douglas.
Peuples unis du Canada – The United People of Canada (TUPC) has 17 more days to prepare for its deportation hearing. Judge Sally Gomery granted them an adjournment Friday morning.
The St. Brigid Church case in Lowertown Ottawa will therefore be back in Ontario Superior Court on September 19 at 10 a.m. h.
TUPC attorney Saron Gebreselassie was not in court Friday. She was traveling across the country.
It was therefore William Komer, one of the directors of TUPC, who alone represented the position and interests of the group. The judge was not impressed, and let it be known.
Lawyer Ms. Gebreselassie, however, informed the court that she considered the time limits too short: TUPC only had five business days to prepare for the hearing, and since their offices are in London, Ontario, they did not have time to prepare. This is why the hearing was postponed.
St. Brigid's Church owner Patrick McDonald (with a hat).
Affidavits should be sent by TUPC by September 9th. Those of the owner, Patrick MacDonald, by September 13.
Cross-examinations will take place in court, not in advance. As for them, the evidence will have to be presented by affidavit, and not during the hearing.
Judge Gomery insisted on the importance of the group being represented by a lawyer, at that time, and not by William Komer alone.
Conditions attached to the adjournment of the hearing include a ban on obstructing the work of a bailiff, blocking access to the church parking lot, and harassing tenants of the building . The group will also need to give full access to the building to the owner, including allowing a water heater repair company to make repairs.
The owner of the church, Patrick MacDonald, spoke on the issue for the first time since the beginning of the case.
Patrick MacDonald wants to revoke the purchase agreement he made with the TUPC group.
What we have to stop there is the; intimidation of other tenants, he pleads. Stop this type of behavior.
“The Squirt Gun Squad needs to stop harassing people.
— Patrick MacDonald, owner of St. Brigid's Church in Ottawa
Court documents say that Mr. McDonald, along with three other owners of various properties around St. Brigid's Church, entered into a sale agreement with the TUPC Group on June 13.
A sales agreement dated June 8 shows the site was to be sold for $5.95 million. The deal included a series of deposits whose amounts were to increase over time.
When people make an offer, they say they have the money, you don't. can't look at their bank account,” MacDonald argues.
At no time did we say that we were in possession of 6 million dollars, defends William Komer. We said, here's a $5,000 deposit, we're going to do a fundraising campaign, he reports.
Access to the church was necessary for them to lead this fundraiser, says Komer. They did not provide it to us.
William Komer is one of the directors of the United Peoples of Canada group.
TUPC is in possession of additional evidence reveals William Komer. Clear audio recordings of verbal agreements were made.
“We have an active deal, which they are clearly trying to get out of. We will enforce our rights under this agreement.
—William Komer, one of the organizers of TUPC
We handed them the $100,000 and we're just waiting for them to accept it, adds- he.
If the landlord were to accept the payment now offered by the tenant, explains Mr. MacDonald's lawyer, Gordon Douglas, the act would be seen as if the violation of the contract was rectified. Which is not the case, he reiterates.
We maintain that there is no obligation for the owner to accept payment after the revocation.
Gordon Douglas is also very confident in September 19 view. I expect, in fact, I hope that by that date we will get a court order based on the evidence and then we can proceed with the subpoenas.
“You have to come to court with clean hands in order to make the case that you, as a tenant, should be released from forfeiture.
— Gordon Douglas, the building owner's attorney
In his eyes, what has been happening at St. Brigid's Church since August 17 is tangible proof that the client did not come to court with clean hands.
Gordon Douglas is the attorney for the owner of St. Brigid's Church.
Asked by reporters whether his client regretted doing business with TUPC, attorney Douglas said Patrick MacDonald was confident the group would be worthy of the works already underway in the church grounds, which had been used for several years as an arts centre.
I leave it to others to decide if, in fact, said promise was kept, concedes the lawyer.
Judge Gomery recalled that it is not only a question of default of payment, but indeed of a revocation of the agreement to sell the church to the TUPC group by the owner.
According to the affidavit filed by Patrick McDonald in the Superior Court, the group owes him several sums.
TUPC n notably was unable to remit deposits totaling $100,000 to purchase the church. He still owes $10,000 in rent, nor has he provided proof of the $5 million liability insurance required to honor the deal, while he remains at the facility. /p>
With information from Frédéric Pepin and Claudine Richard