WATERLOO — Two paralegals in a case involving One Columbia tenants and a Waterloo property management company delivered arguments at a Landlord and Tenant Board hearing on Tuesday.
"This case is very simple," Shaun Harvey, representing three tenants, said in brief submissions.
Harvey said the law states a landlord must return deposits if a unit is not delivered to the tenant.
More than 300 university students were supposed to move into the 22-storey One Columbia apartment building at King and Columbia streets on Sept. 4, but the building wasn't ready on time. Some students, including the three involved in Tuesday's hearing, never moved in.
Terri van Huisstede, paralegal for Schembri Property Management, said in her final submissions that tenants were provided "adequate housing" in a hotel while work was being finished on One Columbia.
She said the tenants involved in Tuesday's hearing seemed satisfied with the hotel paid for by her client. The students gave positive feedback to the landlord, she said.
Van Huisstede said no evidence was given on why they left the hotel and why they didn't inquire about moving into One Columbia when it was ready in mid-October.
Tuesday's cases involved three Wilfrid Laurier University students who stayed at Homewood Suites near St. Jacobs starting Sept. 4. They left on Sept. 23.
Each of the three paid $1,380 for first and last month's rent plus a $100 key deposit for One Columbia. They want the money returned.
Board official Brenna Homeniuk, who presided over the hearing, will make a ruling at a later date.
One of the students, Quinton Henry, 20, told the hearing he heard about a possible delay of One Columbia in an email on Aug. 29. He said he had to miss class on Sept. 4 in order to move into the hotel room.
Henry told the hearing he and three students lived in the hotel room. (One of the students was not involved in Tuesday's hearing). Henry didn't tell the hearing why they left but seemed surprised that four people were living in one room.
Henry said he wasn't thrilled about staying in a hotel room but was "content" that he had a place to live. He acknowledged Schembri Property Management gave him a $50 gift card.
He also said he expected he would be able to move into One Columbia soon after taking the hotel but acknowledged he can't prove that anyone said that.
Tuesday marked the start of three consecutive days of Landlord and Tenant Board hearings dealing with tenants and One Columbia.
Last Friday, in a case involving tenant Tyler McFall, Homeniuk ruled the landlord breached the tenancy agreement and must pay him $1,928. The quasi-judicial board ruled in November that the landlord must return a deposit of $1,485 made by student Connor Ruest. The company is appealing the ruling to the Ontario Superior Court of Justice.
On Tuesday, van Huisstede suggested her client is worried the latest case may be prejudged following Friday's ruling by Homeniuk. Harvey replied that he has seen Homeniuk chair many board hearings and said he has never noticed "any predisposition to not be open to evidence."
