Mobile with no heat, sewer not fit for winter home, P.E.I. court rules

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Andre Darville. FILE PHOTO

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.

Organizations: Taylor's

Geographic location: Byway Trailer Park, Greenvale

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Recent comments

  • Greed Business
    January 10, 2013 - 11:04

    The usual way to cover Greed is to call it Business. That word is used to cover more corruption than Business it's self.

  • mary
    January 10, 2013 - 08:48

    The man should leave. The owner should not be punished .Put yourself in the owners shoes. Let him move on. Life is too short.

  • S
    January 10, 2013 - 07:50

    As a person who has frequently been in this park for over 10 years, i can say Andre is .. Quite the guy . The junk in his yard .. Ew . Take a walk down into the trailor park anytime your around (cant drive, they ripped up the road ) and you will see what i mean . Get out already, the trailor park has never been in great condition .

  • Common Sense
    January 10, 2013 - 07:35

    This issue should never have gone this far. Mr McQuaid gave ample notice (6 months) to everyone. Mr McQuaid owns the land and has every right to sell it. Some have mentioned that it is greed. It is not greed. It's called business. And Real Estate transactions take place on a daily basis. It is time for Mr Darville to move on with his life. He was a tenant not an owner. I would seriously question as to why someone would want to live in a dwelling without water, electricity, sewer and heat and not in a warm residece with electricity, heat and a bathroom.

  • Free society
    January 10, 2013 - 07:15

    We live in a free (for the moment) country. In a free society people people like Darville, Plan B, etc. are allowed to voice concerns over issues, go through an appeal process regarding a decision, etc. I don't agree with his point of view, and while Plan B was a pack of government lies and corruption, I don't necessarily agree with how the protesters are lingering on well past the start date of the project. But if there is an appeal process, they have the right to pursue it. If people are so against living in a free society, you can always go live in China where you'll likely enjoy a cozy prison cell if you are critical of government decisions.

  • Justine Thyme
    January 10, 2013 - 02:50

    A story which should never have been given any media spotlight, neither should have the courts been used up on a wasted case such as this.

  • passport to speak to an old friend
    January 09, 2013 - 22:47

    It's not like he stole the land or anything

  • enjoy your visit
    January 09, 2013 - 22:39

    People they were renting ....they did NOT own it.......when your asked to leave you go ..you don't act like a pertinent child or act like it does not apply to you...who would rent to him now ..........Sorry but your pounding a bucket of sand here....who said they were poor people??you can be low income you don't gave to be radical about it..

  • Nor easter
    January 09, 2013 - 22:19

    Thy voice, did you ever think that this guy wasn't making any profit or might be old enough to retire and get rid of his assets, I'm betting you didnt think and I bet he wants to get rid of his head-aches

  • reviewing my site
    January 09, 2013 - 21:58

    He gave the residents lots of time to get things figured out. It not like he can't get anything done in a timely manner.

    • Whoam I
      January 10, 2013 - 07:50

      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.

    • DONTCAREWHOYOUARE
      January 10, 2013 - 17:30

      Fact remains, he had ample time, and GRANTED even more time, and the property does not belong to him. He justs wants to fight for fightings sakem which is clear by this new game.

  • Nor easter
    January 09, 2013 - 20:59

    Darville needs to go and stay with the protesters of plan B.They have no sense of reality either.

    • Mel
      January 10, 2013 - 07:58

      HAHA that's hilarious! So true!!

    • A choice between crazies . . .
      January 10, 2013 - 09:15

      Sense of reality - that's quite the ego soaked phrase Mr. Nor Easter. It's said that those claiming to have an exclusive insight into the nature of reality have the markings of a sociopath, but surely that's not the case with you . . . is it? For my part, I'll stick with the protesting Plan B crazies . . . at least they appear to exhibit a sense of empathy.

  • Hawkins
    January 09, 2013 - 20:54

    How long is it going to take this guy to understand that he was only renting the land and does not own it!

  • Move On
    January 09, 2013 - 20:49

    What a big pain in the neck. Move on. Why give this guy ANY press time over such crazyness. It's not greed, it's business. McQuaid gave more than adequate notice to the tenants to move out. This guy is just looking for something to complain about. That makes ME sick.

  • irreparable harm my fanny
    January 09, 2013 - 19:25

    The judge does not seem to understand his own jurisdiction. If the man has been granted appeal everything should be left alone. McQuaid is eager to make another buck.

  • Thy Voice
    January 09, 2013 - 18:23

    All those poor people losing their homes all because of greed... Makes me sick.

    • david
      January 10, 2013 - 11:48

      @Thy Voice..why not offer to allow them to move in with you. Put your actions where you mouth is.