WATERLOO — Students who couldn't move into the One Columbia apartment building in Waterloo on the day they had been promised were taken care of, a Landlord and Tenant Board hearing was told on Tuesday.
"It was out of my control and I tried to do the best I could to house the kids …" Gordon Schembri of Schembri Property Management said.
More than 300 students were supposed to move into the 22-storey building on Sept. 4. Gordon Schembri told the hearing delays in getting the building ready were unexpected and caused by issues with fire alarm systems and windows.
When the building at King and Columbia streets wasn't ready on time, Schembri Property Management offered to put students up at hotels or at other Schembri properties. About 200 moved into hotels and most lived there until One Columbia occupancy began in mid-October.
Providing hotels, shuttle buses and other services over that time period cost him more than $1 million, Gordon Schembri told the hearing at the Waterloo Memorial Recreation Complex.
"I provided safe alternative accommodations," he said. "I thought I fulfilled my end of the bargain."
Schembri said he picked top-notch hotels, with kitchens, gyms and saunas.
"I didn't get the worst hotels," he said.
Amenities students were offered included free breakfast, parking, shuttle bus, Internet and maid service.
Tuesday was a busy day for the Landlord and Tenant Board. The morning was spent trying to mediate cases involving One Columbia tenants and Schembri Property Management.
The afternoon was devoted to the case of student Tyler McFall. He told the board he stayed at a Best Western hotel paid for by Schembri Property Management only for a few days. He said he understood it was a private room and was surprised when another student moved in. That's when McFall moved out.
Aaron Crose, who moved into McFall's hotel room, said he was surprised to be sharing a room.
"I didn't want to live with anybody," he told the board.
Chantal Stott of Schembri Property Management told the hearing that students were never informed they would have a private hotel room. She said she recalled just one student complaining about not having a private room.
Crose, speaking to the board on McFall's case, said he enjoyed the maid service but spent hundreds of dollars eating out due to what he called inadequate cooking facilities in the hotel room.
McFall said Schembri Property Management told him on Oct. 19 he could move into One Columbia.
McFall wants his tenancy agreement ruled void and his deposit and one month rent payment refunded. Schembri Property Management maintains McFall is still a tenant, having signed a one-year lease agreement.
Terri van Huisstede, paralegal for the landlord, said McFall "refused" to take possession of his room at One Columbia.
Justin Piersanti, lawyer for McFall, told the board Schembri Property Management violated the terms of the lease when Crose moved into McFall's hotel room. It meant McFall no longer had exclusive use of his place, which he would have had in his room at One Columbia, Piersanti said.
Gordon Schembri was questioned for about an hour on Tuesday.
At times, exchanges between Schembri and Piersanti got testy. When the lawyer put a document in front of Schembri and asked him to read it, Schembri said there was nothing to read.
"Do you require glasses?" Piersanti replied.
Schembri said he didn't appreciate being "talked down to."
When Schembri said he didn't follow one of Piersanti's questions, the lawyer said, "Of course not." Schembri replied, "I don't appreciate your sarcasm, sir."
The Landlord and Tenant Board did not immediately issue a ruling in McFall's case.
Outside the hearing, Schembri declined to comment.
At the hearing, van Huisstede asked the board to exclude the media, arguing that financial information and personal matters might be discussed.
"Confidentiality is of the utmost importance to my client," she said.
Brenna Homeniuk, the board official presiding over the hearing, rejected the request.
Several other cases involving One Columbia are still pending. Schembri Property Management alleges student Tia Vu illegally broke her lease. Vu claims she lived at the hotel with a man when she wanted to live with a woman.
That case and a few others were adjourned. Dates for hearings have not been set.
The board ruled in November that Schembri Property Management must return a deposit of $1,485 made by student Connor Ruest. The company is appealing the board's ruling to the Ontario Superior Court of Justice.
