Nunatsiaq Online
NEWS: Nunavut August 11, 2017 - 11:45 am

Iqaluit restaurant, pub may stay open another month: judge

Appeal over Hotel Arctic's lease continues in court

STEVE DUCHARME
A Nunavut judge said this Iqaluit restaurant can operate for another month, while an appeal over a lease agreement continues in court. (FILE PHOTO)
A Nunavut judge said this Iqaluit restaurant can operate for another month, while an appeal over a lease agreement continues in court. (FILE PHOTO)

A Nunavut judge has allowed Iqaluit’s Waters Edge Steak and Seafood restaurant to continue operating inside the shuttered Hotel Arctic for another month after the popular eatery was scheduled to shut down, as an appeal over a lease disagreement with its former landlord continues in court.

The restaurant and its adjacent pub, the Kickin’ Caribou, will now be allowed to operate until Sept. 30—instead of closing at the end of August—following the signing of a conditional stay by Nunavut Court of Appeals Justice, Frans Slatter, on Aug. 10.

The owners of the restaurant, sisters Kim and Donna Waters, lost a civil suit against their landlord, Northview Property Real Estate Ltd, where they argued that their lease at the Hotel Arctic was good until 2023, instead of expiring on Aug. 30, 2017.

But the sisters are appealing that ruling, and after a special chambers meeting before a judge in Edmonton they were allowed to continue running the restaurant until they can present their appeal arguments in Iqaluit on Sept. 19.

Northview sold Hotel Arctic, the downtown Iqaluit building the restaurant is operating inside, to Qikiqtaaluk Properties Inc., a division of the Qikiqtaaluk Corp., on July 28 for an estimated $14.9 million.

According to affidavits filed with the court during the civil case, Northview had told the buyer the building would be vacant by the end of August, when the restaurant’s lease expired.

“The purchaser, Qikiqtaaluk Properties Inc., must give the appellants quiet possession of the restaurant premises until Sept. 30, 2017, including utility services and reasonable access by the public to the premises,” Slatter said in his written endorsement.

Slatter gave additional conditions on the Waters to pay for the costs of the expedited trial for their appeal, as well as posting a security deposit of $10,000 for the costs incurred.

The Waters were also directed to pay rent for the extra month, and provide a written undertaking to pay all damages proven to have resulted from the stay.

Qikiqtaaluk Properties also has until Aug. 17 to file any applications requesting to change or set aside the directions issued by the judge in the stay.

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(6) Comments:

#1. Posted by Terrible Terrible Terrible Idea on August 11, 2017

If the many many many rumors are true and the hotel is going to be turned into student residence this is gonna be very very very bad. Its could be really sad to see what happens to the student in September when a bar literally right downstairs from their room. I am really really really worried for the young people trying to learn especially the ones from dry hamlet who don’t know better. What was this Judge thinking??? Liquor Board Memeber / Liquor Inspector / Quassa / Premier you need to step in before student arrive.

#2. Posted by flame on on August 11, 2017

#1 Don’t worry. If it does turn into a student residence, the Fire Department is right next door this time.

#3. Posted by Relax! Take a valium! on August 12, 2017

#1 LOL I laughed my head off when I read the comment of #1. I laughed so hard I almost broke my ribs. LOL

There is not any plan to use this hotel for a student residence for this fall. The first thing the new owner QC has to do is renovate the building, which means the whole place will turn into a construction site for the next 6 months to one year if not longer. There will be construction workers running all over the place while the bar is operating.

QC will most likely use this building to lease as office and commercial space because this is where the big demand is right now.

Even if they did want to use Hotel Arctic as a residence, QC still needs permission of the city council to change the use of the building which could take 3 to 6 months minimum.

LOL Relax and take a tranquilizer pill! Chill out!  Your little kiddies are not gonna be anywhere near this bar any time soon. LOL

#4. Posted by Info on August 13, 2017

The rumours are all just that - rumours.  Regardless it will be a long time before anything actually happens.

#5. Posted by Student problems on August 14, 2017

@1: yes let’s isolate the students so they can never see alcohol and not let them make their own life choices.

Or maybe we can teach them about the consequences of alcohol instead of sheltering them forever.

And as people have already pointed out, it probably won’t be a student residence building and if it was it won’t be open for a long time. The nova bar will be closed as soon as they sell all their stock.

#6. Posted by Paul Murphy on August 14, 2017

This decision was made by an Alberta Judge not a Nunavut Judge, but then facts are really not important to CBC anymore.

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