The owners have been trying to evict The United People of Canada since mid-August, when they sent a bailiff to post an eviction notice on the building.
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An Ottawa judge has reserved until at least the end of September a decision in the eviction case against the group that has occupied the former St. Brigid Church building in Lowertown since mid-June.
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Judge Sally Gomery said she would try to reach a decision soon on the landlord’s request to terminate the United People of Canada (TUPOC) lease. She is not expected to hear from her until at least September 27.
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TUPOC’s plans to operate an “embassy” at the deconsecrated church on St. Patrick Street have met opposition from some neighbors and others who are upset about the group’s ties to the “Freedom Convoy” movement.
The owners have been trying to evict TUPOC since mid-August, when they sent a sheriff to post an eviction notice on the building.
Landlord Patrick McDonald contends that TUPOC failed to pay two months’ rent.
TUPOC director William Komer had signed an agreement to buy the church building, the rectory used as an artists’ studio and an adjacent two-story office building for $5.95 million, according to documents filed by the owners.
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The purchase agreement included a clause that TUPOC could lease the property from the church in the meantime for $5,000 a month. The agreement stated that the lease could be terminated 30 days after a breach of the purchase agreement.
The owners claim that TUPOC failed to make a $100,000 deposit by August 10, which violates the purchase agreement.
But TUPOC does not agree that it is in breach of the purchase agreement. Komer has said the group still wants to go ahead with the sale and, in an affidavit, said that as of Sept. 1, TUPOC had the $100,000 deposit available in wire transfers to the owners.
TUPOC had the “sole discretion” to void the purchase agreement, Komer said in his affidavit, arguing that failure to pay a fully refundable deposit would not harm the seller.
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In court Monday, Judge Gomery disputed that claim, saying it would be a “highly unusual agreement” if only one party had the right to terminate it.
As for the rent, McDonald said in court that he had repeatedly asked Komer for rent money that he believed was due in mid-June.
Komer paid a month’s rent on July 24, the court heard.
The director of TUPOC, in an affidavit, agreed that he paid the rent on July 24. But he argued that he had a verbal agreement with McDonald that the rent would not be paid until July 15 and that he might show up a little late.
An excerpt from a taped conversation between Komer and McDonald from July 5 was played in court Monday.
TUPOC’s attorney, Saron Gebresellasi, attempted to present an additional audio recording to the court, but Judge Gomery shut it down.
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When the eviction hearings began on September 2, Gomery had ordered that the audio recordings be transcribed and submitted as affidavits. The deadline for filing affidavits has passed.
“No, I’m not going to let you just present this,” Gomery said.
“We have rules here, you know. It’s not just flying out of the seat of your pants and you can do whatever you want.”
Previously, Gomery noted that Komer had not submitted a single email or screenshot with his affidavit.
Gomery said the justice system does not allow “trial by ambush.”
Gebresellasi argued that the relationship between TUPOC and the owners was mutually beneficial since the church building was vacant.
McDonald had testified that the group that operated the church as an arts and community center had been losing money because COVID-19 had caused operations to shut down.
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TUPOC and the owner had a “stable relationship” that continued to evolve, argued Gebresellasi, who also mentioned the community work TUPOC planned to do.
Judge Gomery said that Gebresellasi was presenting “window decorations” and distractions.
“At the end of the day, it’s a commercial lease,” Gomery said. “Explain to me how, legally, your argument holds because I’m not getting it.”
Gebresellasi also argued that TUPOC and the owner had a verbal agreement. He argued that the owners had not provided a written lease agreement as required in the purchase agreement.
Gomery repeatedly asked Gebresellasi when the verbal agreement was made and under what terms.
“There is simply no evidence of an oral lease,” Gomery said.
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Several TUPOC protesters and supporters attended Monday’s court hearing.
Deana Sherif said she would continue her protest in the park across the street from St. Brigid’s until TUPOC leaves.
TUPOC says its “embassy” is open to all, however, many of the people who regularly congregate at St. Brigid’s are supporters of the “freedom” movement, which includes a wide variety of people who oppose vaccines and COVID-19 mandates, public health measures like wearing masks, Prime Minister Justin Trudeau and the Liberal government, and a variety of other causes.
“The company they keep has nothing to do with building the community,” Sherif argued.
Gebresellasi, in an interview after the court hearing, said that TUPOC is “really important to the country” and that its supporters have “put their heart and soul into the embassy.”