The Martlet

UVic has won its bid to evict Alkis Gerd’son, a student with disabilities, from residence.

On Sept. 3, the B.C. Supreme Court granted the university’s petition for an order of possession for the apartment Gerd’son occupies.

UVic has been trying to end Gerd’son’s tenancy since August 2008, when his one-year rental agreement expired and he was given one month’s notice.

However, Gerd’son stayed in residence and continued paying rent. In November 2009, UVic made its first appearance in court in an attempt to get the apartment back. The university said Gerd’son’s rental payments for the past year had been going to overholding charges.

On Jan. 25, 2010 Supreme Court Justice John Truscott dismissed this claim, ruling that Gerd’son had entered into a month-to-month tenancy after the one-year agreement expired. The university then gave Gerd’son a month’s notice to move out on Feb. 28, based on the monthly agreement.

The Residential Tenancy Act does not apply to on-campus housing.

Gerd’son is a client of the Ministry of Housing and Social Development, which sends the rent portion of his disability assistance cheque directly to the UVic Housing Office. The university cashed the cheque for Gerd’son’s March rent at the end of February, then issued a cheque for the same amount and sent it back to the ministry. In early March UVic asked the ministry that the money be returned.

Instead, the ministry held back Gerd’son’s rent for April. After Gerd’son spoke with the ministry office supervisor, the ministry sent out cheques for his March, April and May rent. UVic cashed the cheques for March and April, but returned the cheque for May on May 18. The ministry continued to pay Gerd’son’s rent through the summer but UVic rejected their cheques.

The situation is further complicated by a human rights complaint Gerd’son filed against UVic in December 2008, claiming his eviction was a form of discrimination based on disability.

The complaint passed the B.C. Human Rights Tribunal’s screening process and the hearing began in June.

In March, the UVic Students’ Society (UVSS) wrote a letter asking the university to hold off the eviction until the tribunal had made its decision. However, UVic gave Gerd’son a month’s notice once again on March 26. When Gerd’son didn’t leave, the university went back to court.

On Sept. 3, Gerd’son asked B.C. Supreme Court Justice R. D. Wilson to adjourn the case until after the Human Rights Tribunal ends in December. Gerd’son was representing himself since he was unable to afford a lawyer.

UVic legal counsel Michael Mark opposed this request, arguing that the university was in the position of a landlord who’s been dispossessed of property rights.

“Much of what’s before the court has already been decided,” he said.

Wilson denied adjournment, saying if the current rental agreement was invalid because it was discriminatory, then Gerd’son would have no right to the apartment.

“[Before September 2008] I was on a year to year lease with the option to renew,” Gerd’son responded. “In the [human rights] tribunal we’re going to argue the reason it wasn’t renewed was on a discriminatory basis. If that hadn’t been the case I would never have been on a month-to-month.”

One of Gerd’son’s arguments in his human rights complaint is that a person with his disabilities —

severe obsessive compulsive disorder and post-traumatic stress disorder — needs more than a month to transition from one living space to another.

“Even if I wanted to go and was quite eager, it might take nine months, maybe a year,” he said.

The university presented an affidavit from Jim Dunsdon, vice-president of student affairs, saying UVic needs more residence space for over 1,600 first-year students on a waitlist.

However, Gerd’son said UVic had previously claimed his apartment was specifically for students with disabilities. As a self-contained apartment, Gerd’son’s space also differs from most residence accomodations.

Gerd’son told the court he doesn’t want to live in the university’s residence indefinitely, but wants to complete his diploma in business management before having to move.

He estimated this would take around two more years if he’s allowed to stay in his current residence.

Wilson granted the university an order of immediate possession for the apartment. In addition, Wilson ordered that Gerd’son pay $10,414.50 in overholding charges, beginning April 30 at a rate of 15 per cent of monthly rent per day, as well as UVic’s legal and court costs. However, since Gerd’son is unable to pay this amount, Wilson granted a stay on the monetary award until further notice.

Gerd’son’s income is from provincial disability benefits and he currently has nowhere to live off campus. He will be requesting an extension of the deadline to move out of his apartment.