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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