Publishing date: Aug 27, 2022  •  16 hours ago  •  5 minute read  •  14 Comments St. Brigid’s, a deconsecrated church, has been the site of a standoff between The United People of Canada and its landlords. Photo by Ashley Fraser /Postmedia

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The United People of Canada group’s failure to make a $100,000 deposit torpedoed its bid to buy the old St. Brigid’s church in Lowertown, landlord Patrick McDonald says in a court affidavit.

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The landlords are going to court on Sept. 2 in an effort to evict TUPOC from the church property on St. Patrick Street. TUPOC had been renting the space month-to-month pending the attempt to buy it. Sign up to receive daily headline news from Ottawa Citizen, a division of Postmedia Network Inc. By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails. Postmedia Network Inc. | 365 Bloor Street East, Toronto, Ontario, M4W 3L4 | 416-383-2300

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There’s been a standoff at the church since last week between TUPOC supporters who remain at the church and protesters from the neighbourhood who want the group to leave because they are concerned about its connections to the “Freedom Convoy” movement. A bailiff tacked a notice of lease termination on the church and adjoining rectory last week, but TUPOC spokesperson William Komer says he believes they still have a valid lease. Documents filed by the landlords for the eviction hearing in the Ontario Superior Court of Justice shed more light on the conflict over the historic church that used to be operated as an arts centre and was home to the National Irish Canadian Cultural Centre.

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According to the affidavit from McDonald, TUPOC failed to pay two months of rent, did not provide proof of insurance that included the sellers on the policy as required and painted the door of the church bright red in possible violation of agreements registered on the property title against altering heritage elements of the building. In addition, TUPOC supporters took a barbecue owned by McDonald from a church garage whose doors had been broken open after they were locked by the bailiff and used it to cook outside, said the affidavit from McDonald. Two lawyers who use the church parking lot filed affidavits saying TUPOC supporters blocked their entrance to the lot. TUPOC director Komer was asked to comment on all those allegations, and also to explain his earlier statements that his organization had tried to pay the rent but the landlord refused to take the money.

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In an email response, Komer did not respond to any of the questions, but said TUPOC would post a media release. In the release posted Saturday afternoon, Komer said he had not seen or been served with the court documents. Based on media reports “it is our understanding that this affidavit contains knowingly false statements,” said the release. If that’s the case, it’s “quite concerning,” and “may be considered a case of perjury, which we understand is a serious criminal offence.” Komer’s release said there is an “active criminal investigation into the actions of the landlords and their agents with respect to what we understand to be an unlawful eviction attempt.” His organization is waiting for the results of the Ottawa Police Service investigation, said the release. When TUPOC receives the court documents, it will schedule a press conference.

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If it is true that a knowingly false statement was made in an affidavit by the landlords, this is quite concerning, as it is our understanding that this may be considered a case of perjury, which we understand is a serious criminal offence. #RuleOfLaw pic.twitter.com/oPn8ULs3Mc — The United People of Canada (@TUPOC_CA) August 27, 2022

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On Friday evening, a bailiff arrived at the church to give Komer the court filing, but he wasn’t there. A TUPOC supporter took the documents and gave them to a protester on the scene. The bailiff has arrived at St Brigid’s church in Lowertown to serve legal papers on William Komer, director of The United People of Canada, a group the landlord is trying to evict. A court date is set for next week. ottnews pic.twitter.com/40pP1pXHq2 — Jacquie Miller (@JacquieAMiller) August 26, 2022

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In a phone conversation with Komer on Friday, the bailiff also said the documents are “getting served up to your corporate as well”  — an apparent reference to TUPOC’s headquarters in London, Ont. In past interviews, Komer has said he believes the group has a valid lease, has insurance, and believes that painting the door red did not violate the Ontario Heritage Act. In an earlier press release, TUPOC said the eviction attempt was a “reprisal” after the group accused the landlords of violating the Ontario Human Rights Code, “including, but not limited to, what we understand to be unlawful reprisal against us for refusing to discriminate against people based on their creed.”  TUPOC has also said it has created its own private security force and “private prosecution team” to attempt to have charges laid against trespassers.

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Earlier this week, Komer sat on the steps of the church wearing a crown, foil sceptre and yellow gloves while two TUPOC supporters stood guard with water guns to squirt people. Komer explained it as an attempt at comic relief.

What the court documents say

TUPOC made an offer to buy the church and adjoining properties on June 13 for $5.95 million, according to the agreement of purchase and sale signed by Komer and filed in court documents. The offer included four properties: the church and rectory owned by a numbered company whose sole director is McDonald, and an adjacent two-storey office/retail building at 300-302 St. Patrick St. that is co-owned by the same numbered company and Ottawa businesspeople Francis Healy, Rosemary O’Brien and Patrick Kelly.

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The sale was to be completed by Dec. 6, 2022. The sellers agreed to provide a take-back mortgage of $1 million for one year at an interest rate of six per cent. The purchase agreement included a lease that allowed TUPOC to rent the church, rectory basement and garage, the outdoor grounds and the parking lot, subject to the rights of tenants who had agreements to park there too. The rent was $5,000 a month plus HST. A series of deposits were to be made by TUPOC as part of the sale. The dates the deposits were due were pushed forward twice by mutual agreement, according to the documents. TUPOC made the first deposit of $5,000, but failed to pay deposits totalling $100,000 due Aug. 10, according to the affidavit by McDonald. TUPOC breached the terms of the sale  agreement and the lease, which were terminated by the landlords on Aug. 11, according to the affidavit by McDonald.

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An email from realtor John Zinati to Komer, dated Aug. 11, is included in court documents. It said Komer was in default of the agreement of purchase and sale. “…this deal is now rendered dead and no longer binding to either party,” wrote Zinati. “Furthermore, as stated in the agreement and given that the agreement is now null and void, you will have to vacate the church.” “Sorry that you were not able to raise the funds for deposits as agreed.” [email protected]

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