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

Published on January 9, 2013
Andre Darville says he lives near this stream off By Way Avenue in Cornwall. He says its past time it was cleaned up. However, the town says the cleanup will have to wait until June. Guardian 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.