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UNW to pay for tenants' legal fees Union, tenants had been fighting over gate to apartments
Graeme McNaughton
Northern News Services
Published Wednesday, June 19, 2013
SOMBA K'E/YELLOWKNIFE
Tenants who say they were putting themselves in danger to enter their apartments will have their legal costs paid for by their former tenant, the Union of Northern Workers.
In a decision handed down by NWT Supreme Court Justice Louise Charbonneau late last month, the union has been ordered to pay a lump sum of $7,000 to Kathryn Carriere in order to cover her legal fees, while Michele Letourneau and Annemieke Mulders, who represented themselves during the process, will be paid $2,000 each to compensate them for time taken off of work in order to attend hearings.
Charbonneau had previously ordered the UNW to compensate Carriere for $100 over claims of various losses she suffered as a result of having to use the rear alley to access her apartment, such as giving out cigarettes in order to ensure her safe passage where loiterers frequent.
"I am pleased with the court's ruling," said Mulders of Charbonneau's decision. "I think the amount awarded is modest, but it's fair."
"For me, the award speaks to how unnecessary this whole process was," said Letourneau. "(It) recognizes my lost wages, (with) all those Friday mornings spent in court last year."
The union has 30 days from when the judgement was handed down, May 31, to file an appeal.
The Union of Northern Workers did not return calls requesting a comment.
"If the decision is not appealed, then it's over. We move on," said Mulders. "There is a working gate in place, so we have what we fought for and I, for one, am satisfied."
The problems between the union and its tenants first started in March 2011 when a sidewalk leading to the apartment entrances at the rear on the east side of the 52 Street building was blocked off due to a fuel spill at the neighbouring Aurora Village headquarters. The west side of the building was already fenced off in an effort to deter vandalism in the adjacent parking lot.
Eight months later, Carriere, who rented a residential unit above the union offices, filed a complaint with the NWT rental officer, saying she thought the back alley in which tenants then had to use to enter the building was dangerous.
In the court submission for legal costs, Mulders said tenants had to "walk in the dark through fights, through drug deals, through deep snow, clutching our keys in our fists and hoping tonight's not the night we get attacked."
The rental office ordered the union to open up the west side of the building to provide tenants safer access to their units, an order the union appealed.
"I think the UNW's behaviour was atrocious," said Letourneau. "What landlord would not want to work with their tenants to mitigate a situation that became unsafe?"
After Letourneau and Mulders filed complaints, UNW stated in May of last year they would install a locking gate on the west side of the building.
The temporary wooden gate, first installed before the permanent one was completed in July of last year, faced criticism from residents for being too difficult to open. That gate has since been replaced with a permanent one.
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