Real Jerk landlord seeks to overturn injunction, calls judge’s decision “astonishing”
In what’s turning into the Toronto restaurant story that just won’t die, Bill Mandelbaum, the new owner of the Queen Street East building that houses The Real Jerk, has sent a note out to Toronto media lamenting the court’s decision to grant the Caribbean restaurant an injunction against its earlier eviction notice. Here’s what he had to say:
TO THE TORONTO READERS
The Courts decision on Monday was surprising and and quite disappointing in the judicial process.
It was obviously based on sentiment, not law.
The lawyer for the Real Jerk did not present ANY evidence to support their desire to prevent the proper termination notice that was given to them on December 30th, 2011 to move by January 31st, 2012.
What they presented was heresay, he said, she said testimony and a lease dated 1995 that was missing some of the pages and the signature page which relects a duly executed contract.
What WE presented was a Purchase & Sale agreement that was signed by the previous owner indicated that the Real Jerk’s tenancy was a monthly tenancy. Also a Tenant’s Acknowledgement confirming the monthly tenancy that was signed by Mrs. Pottinger, the co-owner of the Real Jerk
The decision is astonishing.
It’s a sad day for small business people like myself, or for that matter anyone else, who buys a property and deals with it within the law, then has the judicial system, who supposibly is there to protect them, make a decison without legal merit.
All legal avenues will be used to overturn this decision and any and all damages as a result of this will be aggressively sought after.