André Darville will not be allowed to live out the winter in his former mobile home, especially since it has no electricity, water or sewer service.
Darville has spent months fighting an eviction order to clear out of the former Byway Trailer Park in Cornwall.
Park owner Clifford McQuaid is selling the land. Back in March McQuaid told residents to leave by Sept. 1. Darville was evicted by sheriffs on Nov. 20 last year.
Darville is appealing the eviction notice but his case has yet to be heard.
While he waits, he asked for a court order allowing him to remain in his former mobile home until the appeal is heard.
Darville also wanted a court order demanding McQuaid have the water turned back on and to install a portable toilet.
This week P.E.I. Supreme Court Justice Benjamin Taylor dismissed Darville's motions.
Taylor's judgment was issued Tuesday, saying he wasn’t certain the court even had the authority to make such orders.
Taylor did rule that Darville be permitted to return to the trailer to remove his belongings and take them to his current residence in Greenvale.
Taylor stipulated, however, that Darville must go there during regular business hours and is not permitted to stay overnight.
Taylor warned Darville that police are authorized to remove him if there is trouble.
Darville told the court Tuesday that the siding is now off his mobile home and the pipes have frozen but he believes he could still live there if the water was turned back on and a portable toilet was installed.
Taylor told Darville that in P.E.I. at this time of year, it was much better for him to stay in his current residence at Greenvale where he has heat, water, electricity and a bathroom.
The judge also ruled that Darville's request to return to the park could cause irreparable harm to McQuaid because there is a deal in place to sell the property that is due to take effect in May.
People: you do not have your facts, so unless you owned property there, you do not have the full details. The facts are: Mr. McQuaid held a meeting for these residences/renters, whereby he stood up and said "if you switch from oil to propane or electric heat, I will leave the park open for two years". As most were already switched over, there were only a few to do so, Mr. Darville being one. This task cost over $2000.00. Less than six months later, Mr. McQuaid issued an "eviction" notice to all with a six-month deadline. Six months is not a lot of time for people to get their plans and act on these plans. To purchase land for these mobile/mini homes can be a challenge as banks do not want to loan money for, what they see as "bare land" (land without service). So many had to walk out of their homes leaving them to the banks to take or just leaving without any compensation. So, it is nice to read all your opinions, however, the fact remains that the tenants should have had an additional 13 months before having to be uprooted. This period of time would have been ample for those who were hoping to purchase and relocate to private land as the other parks are owned by mini-home sellers and would not accommodate those not purchased from them.