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SOMBA K'E/YELLOWKNIFE
What has become a bitter 20-month battle between the Union of Northern Workers (UNW) and three female tenants over a gate is expected to be finally resolved on Monday.

During court proceedings regarding a notice of motion filed by the UNW, NWT Supreme Court Justice Louise Charbonneau heard last Friday from UNW lawyer Austin Marshall and claimants Annemieke Mulders, Michele LeTourneau, and lawyer Amy Groothuis, representing Kathryn Carriere, regarding the union's appeal of an order by the rental officer to maintain a gateway to allow the women safe passage to their apartments in the union headquarters, key access to apartments through the front entrance of the union's offices, and compensation for one of the tenants.

Mulders claims she has handed out $100 worth of cigarettes to loiterers in the alley to build rapport with them and keep her safe.

The initial dispute regarding access to the building came about after a fuel spill at a neighbouring property blocked access to a walkway on the east side of the building in March 2011. The spill forced the women to enter their apartments through the back via an alley.

Two months later, the women asked the UNW to provide access through a west-side fence so they wouldn't have to go through the alley.

In June following an order issued by NWT rental officer Hal Logsdon, the union installed a temporary wooden gate to allow access, which was then replaced in August by a permanent metal gate with a key lock and touch key pad.

During the notice-to-appeal hearing, Marshall said the union has decided to discontinue any arguments regarding the fence and gate and to instead concentrate on compensation and whether the rental officer had the jurisdiction to order access through the front of the building.

Because the issue of the fence and gate is being dropped by the union, Charbonneau said no party may bring up the issue of the fence or gate as testimony during Monday's hearing unless it is in regards to compensation.

For the women, the issue of entrance through the front of the building is not a concern because they were never asking for access through the front. Access through the front entrance was included as an option for the union by the rental officer in place of a west-side gate.

"As long as we have access (to the apartments) I don't care what (the union does)," said Mulders, who described the battle with the union as "exhausting."

Mulders said the costs she incurred in time off from work to fight the union in court before the gate was erected amount to more than the $100 she is trying to recoup.

"It's not my job to defend the rental officer, though I do think his order was reasonable and spoke directly to the severity and danger of the situation for the tenants," LeTourneau stated in a Facebook message, adding she will not be attending the Nov. 5 hearing because it is now "a matter of jurisdiction."

The territorial government will not comment on the matter as it is before the courts.

Logsdon also declined to comment on the appeal between the UNW and the women.

"I have no comment on the matter as it is before the court and it would be inappropriate for me to do so. (The rental board) will not be represented at the hearing. We are not involved in the appeal, it's between the two parties," said Logsdon.

Neither the GNWT nor the rental office board will be present during the proceedings.

The NWT Rental Office has the authority to adjudicate and mediate any matter between a tenant and a landlord, Logsdon said. Acting like a judge, the rental officer makes rulings based on the determination of facts and an interpretation of the law.

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