Cambridge rescinds eviction order for two Branchton encampment residents

Duo also seeking $10,000 in damages

Two Branchton encampment residents can stay put after the City of Cambridge rescinded eviction orders against them.

Michael Nanos, 52, and Joseph Micallef, 68, launched a lawsuit and injunction against the city after bylaw officers gave them 10 days to leave their encampment on cityowned land a few hundred yards behind the Petro-Canada gas station at 1071 Dundas St. S.

During the first hearing on the case in Ontario Superior Court March 28, it was agreed Nanos and Micallef could remain in the encampment on an interim basis until a final decision was made.

During the interim, the city could not prevent the men from entering the encampment and, if the city decided to remove garbage from the encampment, it would only remove items identified as garbage by the men.

Nanos and Micallef were also told they could not erect any new structures at the encampment, other than tents.

The men are also seeking $10,000 in damages, for loss of property they say bylaw officers had previously disposed of, and for court costs.

Ashley Schuitema, a lawyer for Waterloo Region Community Legal Services, who represented Nanos and Micallef, said a reason why the city rescinded the eviction order has not been given, even after asking counsel for an explanation.

“My speculation would be they likely got a legal opinion from their counsel that heavily relied on the Valente decision and also very likely set out the risks to them and the cost of the litigation,” Schuitema said.

The Valente decision was a local precedent-setting ruling by Justice Michael Valente in January that said evicting residents from the Weber and Victoria streets encampment would violate their Charter rights.

The city would not comment on the reason for rescinding the order or what the court proceedings cost, saying in an emailed statement, “To protect the integrity of this active

legal process we are unable to provide any details at this time.”

With court proceedings on the eviction order now over, Schuitema said they will be working with the city to negotiate for the $10,000 sought by Nanos and Micallef.

While the current eviction order is rescinded, Schuitema acknowledged eviction orders could be made by the city once again. It was agreed the city must give Nanos and Micallef, and their lawyers, at least three weeks’ notice. Schuitema felt another eviction order was unlikely.

Schuitema added Nanos and Micallef felt some relief, but they would have liked more certainty on how long they can stay there.

She said it is hard to give the pair assurances without knowing the reasoning behind the city’s decision.

Schuitema hoped the city would act in good faith.

“We’re hopeful that we can work with them to do some positive things at the site like garbage pickup. That would be helpful,” she said.

There are currently three people living at the encampment as of Wednesday, Schuitema said, including Nanos and Micallef.

Nanos and Micallef both previously lived at the 150 Main St. encampment before it was cleared by the region in August 2023.

About 13 people have stayed at the Branchton encampment at various time since the Main Street encampment was closed, and local agencies regularly visit to provide health and social supports, according to the eviction injunction filed by Waterloo Region Community Legal Services.

Bylaw officers first came to the encampment in December 2023 and issued eviction stickers, but a formal eviction process never took place, the motion said.

However, a number of camp residents left at that time.

The current action started when bylaw officers visited the encampment on March 18 to clear the property, the motion says, but outreach workers from the AIDS Committee of Cambridge, Kitchener, Waterloo and Area worked for an extension.

There are no available shelter spaces in Waterloo Region to accommodate Nanos and Micallef, according to the motion.

Nanos previously stayed at the Bridges shelter and was assaulted while living there. He is fearful of returning if space opened up. Micallef said he has never lived at the Bridges but would also be fearful of staying there due to rumours of violence. He doesn’t believe it would be accessible to him as he has a substance abuse disorder and is a senior.

Schuitema said Waterloo Region Community Legal Services is interested in working with the city on human rights-based approach to homelessness and encampments.

“There’s lots of communities across Ontario that are taking these proactive steps to develop policies and procedures, and we would be very interested in working with the city on something like that. This obviously is not an issue that’s going away. So, I think, if they want to move forward in a good way, we’d love to have those conversations,” Schuitema said.