Mobile home park residents face off with city in court
Current and former residents of a city mobile home park packed a downtown courtroom Wednesday to hear arguments in a civil suit brought against the city over the fate of the northeast property.
The suit claims the city’s move to close Midfield Mobile Home Park violates both the Mobile Home Sites Tenancies Act and the residents’ rights under the Canadian Charter of Rights and Freedoms.
But lawyers for the city — which is seeking a judicial order to require the remaining residents to leave the park within three weeks — say Midfield’s tenants were treated fairly, suggesting that the city has more than fulfilled its responsibilities as a landlord.
“The city has a right, like any landlord, to close the mobile home park,” a city lawyer told Justice Colleen Kenny.
Plans have been in the works for more than 10 years to close the city-owned 16th Avenue N.E. mobile home park. Residents were initially told they would be relocated to a new city-owned park in the community of East Hills.
But Midfield residents were stunned to learn in 2014 that the promised relocation had been cancelled and that they would be required to vacate the park by Sept. 2017.
The city then offered residents a $10,000 payment and up to another $10,000 for trailer relocation or destruction — so long as they agreed to release the city from legal culpability.
A lawyer representing Midfield residents says they were discriminated against, and that those who left deserve compensation from the city and those remaining at the park should be allowed to stay.
“The majority of people, they’ve already left — so for the majority of people, the central issue here is compensation, proper compensation, for what’s been done to them,” lawyer Mathew Farrell, who is representing Midfield residents, said outside the courthouse Wednesday.
“The city would like (the judge) to take a certain narrow view of the evidence, but I think the evidence of discrimination is significant.”
Farrell also said if there is a judicial order requiring residents to vacate, he hoped the judge would give residents at least until February to leave.
“You can’t kick people out Christmas Day. It’s not fair,” Farrell said.
A couple of dozen current and former Midfield residents were in court Wednesday. Outside the courthouse, many residents said the city has left them with few options.
Marc Dufour said his family is being forced from the home they’ve lived in and cared for since 1980.
“My mother’s 90 years old. She’s supposed to start over? I’m 58. I’m supposed to start over? We’re being treated like trailer trash,” Dufour said, adding his own income is limited since he began receiving disability pay for a work injury.
Laine Sloan said she and her husband were proud to buy their first home in Midfield park. The couple would like to keep their mobile home, but have been unable to find another location for it in the city.
“We just need a place to move to, so we can have that pride and ownership, and safety and security.
“We were both born and raised in Calgary. This is our home and it feels really awful when somebody tries to kick you out of it.”
Kenny will give her decision Dec. 8.
My mother’s 90 years old. She’s supposed to start over? I’m 58. I’m supposed to start over?