The McGill Tribune Vol. 20 Issue 6

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Court rules in favour of Students' Society in Dailylease dispute and

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The McGill Daily does not have a valid lease, ruled Judge Irving Halpem at the con­ clusion of court proceedings last week at the Palais de Justice. The ruling concludes a four-month lawsuit between the Daily and the Students’ Society of McGill University over a lease dispute after SSMU deemed it necessary to lock the paper out of its offices. O ld L e a s e , N ew L e a se , N o L e a se ? The D aily’s primary contention was that although there was no signed physical lease, past behaviour between SSMU and the D aily constituted a legally binding agreement. Michael Bergman, attorney for the Daily, argued that lease arrangements made between SSMU and clubs housed in the University Centre building in the mid-1990s

did not apply to the Daily. The focus on the Daily’s right to be in Shatner, Bergman argued, is that the lease between McGill University and SSMU for the building, is co-terminant with the lease between SSMU and the Daily; that is, the Daily's lease expires when SSMU’s does. “We’re arguing a valid lease, and sec­ ondly that [the Daily] has a right to occupy the premises as a result of the agreements between the Daily and the University,” argued Bergman. “The sum total of the doc­ uments, letters and behaviours of parties involved constitutes a lease. The lease con­ tinues because it is co-continuous with that of the SSMU.” Bergman furthermore argued that at the time of the original lease, the SSMU did not exist, and in its place was a body called the Student Centre of McGill University. As the SCMU was not an incorporated entity in 1991, Bergman argued that it could not enter into a lease, and therefore the original lease was between the Daily and McGill,

undermining SSMU’s legal authority in the matter. “The SCMU had never been a party to any agreement with the Daily and in fact SCMU has no lease with the University, it was the Students’ Society that did.” The life cycle of both SSMU and Daily leases began with a 1991 lease between McGill and SSMU, valid from September 1991, to May 1994. John Feldman, attorney for SSMU, explained that due to conflicts between SSMU and the Daily in 1994, the University intervened, placing an addendum on the original lease. The addendum imposed a clause stating that The McGill Daily would remain in the University Centre building as long as the SSMU lease lasted, thereby making both leases co-terminant. This lease was valid between the years of 1994 and 1998, when a new lease was drafted both between McGill and SSMU, and SSMU and the Daily. “As of January 1998 the new lease

SSMU signed with McGill did not stipulate an obligation on behalf of SSMU to provide space for the Daily in the University Centre building. After this, SSMU signed a lease with the Daily for two annual periods May ‘9 8 -‘99 and May *99-‘0 0 ,” Feldman explained. McGill separated itself from both the lease dispute, and SSMU and the Daily. “McGill University... [is] legally sepa­ rate from both SSMU and The M cGill Daily. [SSMU] is allowed to manage the Student Centre and it is also allowed to sub­ lease the centre,” said Line Thibault, McGill’s attorney. A b u s e o f R ig h t? A second issue compounding the long drawn conflict between the D aily and SSMU was whether or not SSMU abused the Daily’s right of tenancy in locking it out of its office this August. Continued on Page 2

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