Decision on eviction of Freedom Convoy-affiliated group from Ottawa church not expected until late September
An Ottawa judge will not be ruling on an eviction notice for a Freedom Convoy-affiliated group in Ottawa until at least the end of September.
The owner of St. Brigid's Church on St. Patrick Street is asking an Ontario Superior Court judge to evict The United People of Canada from the historic property. Patrick McDonald is seeking a court order to enforce the eviction of the group, saying they failed to make $100,000 payments as part of a conditional sale of the church, owe $10,000 in rent and have broken heritage rules.
A hearing was held on Sept. 2, but Justice Sally Gomery adjourned the matter until Monday after The United People of Canada argued they weren't given sufficient notice of the hearing. TUPOC's lawyer did not attend the original hearing.
Gomery told the court Monday she would not have a decision until after Sept. 27, as she has another matter to rule on by then.
LAWYER ARGUES GROUP HAD 'VERBAL AGREEMENT' WITH OWNER
Lawyer Saron Gebresellassi, representing the United People of Canada, argued the group had a verbal agreement with McDonald and that he wanted to back out of the deal because of media reports about the goings on at the property.
McDonald denied there was a verbal agreement with TUPOC during cross-examination.
Gomery noted a lack of filed evidence about the alleged verbal agreement.
Speaking to CTV News Ottawa outside the courthouse, McDonald's lawyer, Gordon Douglas, praised Gomery.
"I think Justice Gomery did an excellent job in staying on top of the facts, moving things along, asking pointed questions, especially during arguments," he said. "Obviously, my client is looking forward to a decision."
Gebresellassi told CTV News Ottawa this is an important case.
"The United People of Canada and Canadians believe that this case is really important for the country," she said. "It's not just one file."
A bailiff with Cease Bailiff Services delivered a "Notice of Termination of Tenant" to St. Brigid's Church on Aug. 18, which stated the landlord had terminated the occupancy of The United People of Canada under the Commercial Tenancies Act. However, TUPOC director William Komer insisted the eviction notice was invalid, and the group was not going to be leaving the property.
St. Brigid's church was conditionally sold to The United People of Canada on June 15, with the group planning to turn the historic property into an "embassy". Documents obtained by CTV News show the sale has fallen through, and the property was back on the market as of Aug. 12.
An affidavit sworn by McDonald says TUPOC failed to make three deposits totalling $100,000 by Aug. 10, which was part of the condition of sale. Court documents show that on Aug, 11, John Zanati, the broker of record for the sale informed Komer that the deal collapsed.
The church, located 1.3 kilometres from Parliament Hill, has been on the market since July 2021 and had a $5.95 million price tag.
McDonald's lawyer told reporters on Sept. 2 that by the Sept. 19 hearing, there would be two grounds on which to argue TUPOC should be evicted: their failure to pay rent, as well as the end of the 30-day waiting period after the termination of the group’s purchase and sale agreement.
Despite the eviction notice, The United People of Canada continues to host events at the church. A Facebook post invited people to attend its weekly "Community BBQ" on Sunday.
With files from CTV National News Producer Mackenzie Gray, CTV's Glen McGregor, and CTV News Ottawa's Michael Woods and Jeremie Charron.
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