A deal in which the United People of Canada (TUPC) would have purchased a church building near downtown Ottawa fell through because the controversial group failed to make deposits totaling $100,000, according to court documents.
The affidavit from the building’s owner, Patrick MacDonald, states that TUPC failed to make three separate payments toward the purchase of the former St. Brigid’s Church when they were due Aug. 10.
That violated the property’s purchase agreement and, along with the $10,000 the group owed in rent and its failure to provide proof of $5 million in liability insurance, entitled the landlord to terminate TUPC’s lease, the document states , filed in the Supreme Court on Thursday.
Those claims will be tested in court during an appearance scheduled for Sept. 2 as part of the ongoing eviction effort.
“We are seeking a possession order,” the landlords’ attorney, Gordon Douglas, wrote in an email. “The affidavit speaks for itself.”
William Comer, one of TUPC’s directors, said Friday afternoon that he had not yet seen a copy of the affidavit and wanted to review it before commenting.
“This is news to us, these allegations are being made,” he said in a statement to CBC News.
The affidavit is the first time this month that the owners of the former church have shared their perspective on the landlord-tenant saga that has sparked concern among many residents in Ottawa’s Lowertown neighborhood, where the property is located.
In a July 25 statement from the St. Brigid’s said the response to the potential sale had been “overwhelming” and had made those involved “targets”. Since then, the group has remained silent.
TUPC has ties to the Freedom Convoy protests that paralyzed downtown Ottawa this winter, though it denies those ties.
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The deal was to purchase a property for just under $6 million
Court documents say McDonald, along with three others who own various properties around the church, entered into an agreement to sell them to TUPC on June 13.
A June 8 sale agreement — signed electronically by the owners and Komer — shows the site was to be sold for $5.95 million. It came with a series of deposits starting at $5,000 that were to increase over time.
McDonald’s affidavit shows that a second payment of $10,000 was due 14 days later, then a payment of $30,000 on the 30th day and one of $60,000 on the 45th day.
When all conditions were waived, which had to happen within 120 days of acceptance of the offer, a fifth deposit of $200,000 was due.
Vehicles bearing tags associated with the Freedom Convoy have been seen in St. Brigid’s located in Ottawa’s Lowertown neighborhood. (Falice Chin/CBC)
MacDonald wrote that the initial $5,000 was paid, but over time, TUPC twice asked for payment dates to be pushed back until the second, third and fourth payments — a total of $100,000 — were due on Aug. 10.
When that date passed and the funds were not deposited, the owners decided to terminate the agreement to purchase the properties, according to court documents.
Termination notices posted last week
The affidavit states that the deal to purchase the church included allowing TUPC to lease the church building, the grounds, the basement of the Rectory Art House next door and the parking lot in between, although other tenants were supposed to be able to use the lot as good. Rent was set at $5,000 per month plus HST.
The tenant termination notices — posted on the buildings and dated Aug. 17 — said the lease was terminated for unpaid rent of $10,000 and failure to provide proof of $5 million in liability insurance.
An attached notice says TUPC is also in breach of Ontario’s Succession Act.
William Comer, centre, is one of the directors of People United Canada. He is shown here, surrounded by supporters, in front of St. Brigid’s on Thursday. (Alexander Bene/CBC)
In his affidavit, MacDonald said he believed TUPC violated heritage rules and bylaws by doing something that immediately caught the eye of community members: painting the church’s front doors “bright red.”
He also points to videos posted online by someone he says is a TUPC supporter showing “construction and remodeling” taking place.
A City of Ottawa spokesperson told the CBC that according to Heritage staff, no permit is needed to paint the doors.
The Ontario Heritage Trust did not immediately respond to a request for comment.
Comer previously told the CBC that the doors were painted with the owner’s permission.
Comer also shared a heavily redacted piece of paper with the words “certificate of insurance” at the top, which were impossible to verify without the broker’s information, which had been blacked out.
He also showed reporters a copy of a July 15 bank draft for $5,650 and what appeared to be the original of another August 15 draft for the same amount.
Comer claims the landlord refused to accept that month’s rent.
Court documents state that a $5,000 payment was made on July 15 to cover the first month of the stay, but that rent for July-August and August-September was not paid by TUPC.
Other tenants share concerns
Other claims made in court documents include that a bailiff who tried to change the locks at the church was blocked from doing so.
While the locks on the Rectory Art House have been changed, Macdonald wrote that when he visited the property last Sunday, he found the garage doors, which give access to the building’s basement, had been “forced open”.
The owner said he saw people he believed to be affiliated with TUPC setting up tables and chairs near the now open garage and that “a large barbecue grill that I own” that had been locked inside was now outside.
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Among the documents are separate affidavits from other tenants with access to the property who were supposed to have access to the car park.
Two lawyers whose office is next door to the church said they had been blocked from accessing the plot.
Sebantu Ruhanamirindi claimed those blocking the road were with the “people of Canada” and were not allowing people to park to “pressure” the landlord. Customers “felt scared,” Ruhanamirindi added.
Andrea Mueller, who rents an artist’s studio in the former rectory, wrote in her affidavit that she arrived at work on August 19 to find the wooden garage doors open and metal bars installed by the bailiff had been on the ground.
The garage is connected to the Rectory House of the Arts, she said.
“I am concerned about the safety and security of the business and the people working in the building.”
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