Kitchener-Waterloo

Cambridge temporarily blocked from evicting people from encampment

The City of Cambridge has been temporarily blocked from evicting residents of an encampment as two of its residents take the city to court. The case appeared in Superior Court on Thursday virtually but was adjourned to another day.

'I cannot put up with living like this,' says Joseph Micallef, who fears being evicted by bylaw

Tents and clothing seen on vacant lot with grass
Some of the people who were forced out of the encampment at 150 Main Street in Cambridge, pictured above, in August 2023 have moved to a new spot near the intersection of Branchton Road and Dundas Street. A new legal fight is asking a judge to overturn eviction orders by the city's bylaw department. (Carmen Groleau/CBC)

The City of Cambridge has been temporarily blocked from evicting residents of an encampment as two of the people living there take the city to court.

The case appeared before a Superior Court judge virtually on Thursday morning. The case was adjourned to give the lawyer for the city more time to prepare.

People who live in the encampment don't want to be evicted from their tents, which are located near the intersection of Branchton Road and Dundas Street.

Court documents show the residents taking the city to court are Michal Nanos, 52, and Joseph Micallef, 68, who have both lived in the Branchton encampment for about eight months after being evicted from another, much larger encampment on Main Street in August 2023.

There are 11 other residents in addition to Nanos and Micallef who also currently live in the Branchton encampment, located on city owned land.

Shannon Down is executive director of Waterloo Region Community Legal Services, the organization representing the members of the encampment. Down says if the members of the Branchton encampment were forced to leave, they'd have nowhere else to go — again.

"Ultimately, we decided we had to bring the motion for an injunction just to preserve our clients rights," she said.

In addition to stopping the evictions, the case seeks to reimburse Nanos and Micallef for general damages costing $10,000 for the loss of personal property.

Portrait of woman on downtown street
Shannon Down is the executive director of Waterloo Region Community Legal Services. (Kate Bueckert/CBC)

Nowhere else to go

Paperwork filed with the court shows that Waterloo Region Community Legal Services says there are currently no other shelters in the Region of Waterloo that could accommodate Nanos and Micallef.

It says Nanos was violently assaulted the last time he was at The Bridges shelter in Cambridge. Both Nanos and Micallef say they are afraid of being assaulted if they move into The Bridges.

"It would be impossible for me to obtain housing in the private rental market," Nanos says in his affidavit, adding the last time he had stable housing was about 18 years ago. "I have been on the waiting list for subsidized housing for 15 years on and off."

Micallef says in his affidavit that he's not on the waiting list for subsidized housing because he was told there is a 10-year wait.

"At that point I'll be 78 and I cannot put up with living like this until then," he said, adding he has been homeless for about eight years.

"I do not know what I will do if I get evicted again. There is nowhere for me to go."

When the judge adjourned Thursday's proceedings, he said a new court date would be set by court staff. That date is not yet known.

ABOUT THE AUTHOR

Aastha Shetty

CBC journalist

Aastha Shetty can be reached via email [email protected] or by tweeting her at @aastha_shetty