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.
Bill Mandelbaum
Grammar classes wouldn’t hurt. Apostrophes are your friends, really.
link to decision
http://www.scribd.com/fullscreen/80201359?access_key=key-2ho0ukt7dakfhxlvpxow
It’s laughable that this guy is crying the “small business” line while trying to screw over an actual small business. How much $$ must that building have cost? Surely a price that’s unthinkable for most small business owners. What’s actually “astonishing” here is that this guy thought it was perfectly reasonable to give 30 days notice to a high-profile business that’s been in the neighbourhood for 27 years. Within his legal rights or not, it’s a sh*tty thing to do. He sounds like a real jerk (yup, I said it).
Here is a quote from January 29th Toronto Star article;
“Mandelbaum, a 60-year-old real estate developer, says he’s not threatened by the injunction talk.”
“The verdict will be what the law is,” he said, “and the law is that proper notice was given to them and they will not get an injunction.”
To Danielle’s comment. I guess you’re not a small business person, just a small person. The law is there to protect us. In this case it wasn’t there. When the current owner’s right is not protected to deal with his property within the law, that also reflects your rights as well. Before you call someone a jerk, look in the mirror and see who the “Real Jerk” is.
Dear “small business person”,
Might this be Mr. Mandelbaum commenting? It’s a question of what is the DECENT thing to do, not what’s legal. Had he given the Pottingers 90 days notice, that would have been reasonable. It’s called generating good will. Not just with the Pottingers, but the entire neighbourhood (and pretty much anyone in the city who’s visited the Real Jerk over the last 27 years). Instead the man chose to play his hand to the letter of the law. He gave 30 days notice to a small business in the truest sense of the word, not a person who can afford a million dollar property. Like I said, he may have been within his legal rights, but that doesn’t make it a ‘right’. I think it’s Mr. Mandelbaum who needs to look in the mirror.
Having eaten at the first Real Jerk (queen just east of greenwood) when the food was really good, and now not so much,I think it is time to let go.Before this turns into a media circus….oops to late.
I feel that the new owner does have a right to give reasonable notice to “The Real Jerk” but this was not the case. I have never eaten at “The Real Jerk” but I sympathize with the owner. I believe that Mr. Mandelbaum should have met with the owners to let them know his intent and there should have been a mutual decision on the time period given to vacate the premises. The law is the law, but lets be decent and fair to the owner and the community. As result, I doubt that Mr. Mandelbaum is going to have very little support or none at all with regards to what is built on that corner.
Put on Mandelbaum,s shoes for five minutes when he is dealing with his banker or the contractor who will provide I don,t know how many jobs that will out food on the tables of people who don’t have a favorite eating place or the small businesses in the area who might benefit from the increase in the number of who will be working in the new building and let’s not the contribution to the city coffers. Come on people switch your allegiance and loyality to the multitude of new businesses on the Danforth or possibly gawd forbid in your own neighborhoods.