The Yukon Supreme Court has ordered that The Poor Creature café vacate its location in Yukonstruct’s NorthLight Innovation Centre by the end of January.

The café and its owner, Brioni Connolly, entered into a lease with Yukonstruct on Nov. 8, 2018. It was set to expire on Oct. 31 of this year.

The lease had a clause for a right of refusal to renew for another year. This would kick in if the café gave written notice that it wanted a renewal 90 days prior to the end of the lease.

It also contained a clause that would allow the café to stay at NorthLight as a monthly tenant after the lease expired, provided Yukonstruct approved of it.

In his 10-page written decision, Chief Justice Ron Veale concluded that the dispute was the result of Connolly’s infant son crying and screaming at the café. This caused other Yukonstruct tenants to make noise complaints.

“The noise issues were never resolved despite many discussions and emails,” Veale said in the decision.

He found that Connolly never did provide, in writing, her desire to renew her lease.

Connolly alleged that Yukonstruct verbally agreed to a renewal, which Yukonstruct denies.

Veale concluded that there were no conversations, agreements nor understanding regarding a renewal or a negotiation.

“I am supported in this finding by the fact that in the multitude of emails between Yukonstruct staff and Ms. Connolly and her partner from the commencement of the tenancy in December 2018 to July 31, 2019, there is no written confirmation of the allegation that there was a renewal of the lease or an agreement to renew,” Veale said.

He determined that Yukonstruct staff did all in their power to resolve this situation. He mentioned it started with noise complaints and later escalated into alleged discrimination against female business owners. He noted Connolly made those allegations.

Between Aug. 1 and Oct. 11, there was no confirmation of renewal. Yukonstruct sent Connolly a letter informing her of the lease’s termination on Oct. 11.

Veale found there was a short discussion on Sept. 23 about the potential of a renewal but no promises were made.

He noted that Connolly has grown her business. She hired staff, listed her café in the city guide, ordered promotional signs and took steps to get on the sign tower. He added that Yukonstruct helped Connolly with hiring and referred business to her for November.

He found that Yukonstruct was willing to work with Connolly to find solutions to the noise problems.

Lastly, he concluded that Yukonstruct communicated in writing that it was willing to let Connolly remain in the building after Oct. 31 for a “reasonable period.”

On the issue of sanctions against Yukonstruct, proposed by Connolly’s lawyer, Veale made some conclusions.

He felt that there needs to have been some communication, through words or conduct, during the negotiation process that one party wantedto affect the contract.

“It is not enough to show that one party has taken advantage of indulgences granted as part of commercial relations,” Veale said.

Once the other party “acted upon the words or conduct amounting to a promise or assurance,” he added, the side that took such action cannot take it back.

Veale said to grant the sanctions, he would have to see that Yukonstruct wanted to change the nature of their relationship. He found nothing to show this happened.

“To the contrary, the efforts of Yukonstruct staff indicate a desire to maintain a good relationship with Ms. Connolly,” Veale said.

He felt Connolly’s actions show she did expect her lease to be renewed.

Since Yukonstruct did assure Connolly it would allow her more time to leave the centre, he felt he could not order her to pay double rent. He said Yukonstruct is not entitled to this order under the Commercial Landlord and Tenant Act.

He ordered Connolly to leave Northlight by Jan. 31, 2020. He gave Yukonstruct a writ of possession as of Feb. 1.

There was no award for costs. Veale indicated either party could make submissions in the future if needed.

Connolly told the Star she is grateful for Veale’s ruling.

“The Yukonstruct board wanted the court to evict me immediately and force me to pay double rent and Yukonstruct’s legal costs,” she said. “These things would have absolutely destroyed my business and ruined my family financially.”

She feels it’s liberating for the matter to be settled, and is relieved to put it all behind her.

She felt Veale gave her a decent amount of time to leave Northlight.

“It was really fair, I can’t really complain,” Connolly said.

She said six weeks may not be enough time to find a new location, which she has been unsuccessfully seeking since October. Her sales have been pretty low recently, which puts the café’s future in question, she added.

“It’s sad,“ she said. “I put my heart and soul into this.”

That said, she feels she may start another business in another field if need be.

She maintains that Yukonstruct exaggerated the complaints against her family. She added that the statements made about her son have led to abuse against her family from the public.

Connolly questions why social services officials were not contacted if people actually believed she was a neglectful parent. She encouraged people to look at both sides of this issue before forming an opinion.

She still wishes the dispute had gone to mediation instead of the court.