Amid rubble and noise, St. John's restaurant sues province over War Memorial construction

Madras Cafe co-owner Balamurali Balasubramani is worried he might have to close the doors of his downtown St. John's business soon and to save it, he's taking the Newfoundland and Labrador government's Department of Transportation and Infrastructure to court.

Located at 183 Duckworth St., the café is right next to an ongoing construction site for refurbishment of the National War Memorial that straddles Water and Duckworth streets.

Since construction began in August, Balasubramani said, revenue at his café has dropped by 80 per cent.

He said he's not against the project but it's hurting his business and he wishes there had been better communication and help from the government and the city.

"We are not against it. But you can't … kill existing businesses and people's lives, right? We are immigrants here. We put all our life savings into this business. And to be honest, we haven't seen any profits or anything," Balasubramani told CBC News.

"This is my passion, so I just wanted to keep it running. But we can only survive for so long, right? And by the looks of it, we are going to lose everything. That's the way it is."

As a result, Balasubramani has filed a statement of claim, taking the provincial government to small claims court for $25,000 plus a filing fee.

He plans to stay open until the end of the year, he said, but if business doesn't return, he can't see staying open into 2024. He said he considered leaving the province at one point.

"We come here as immigrants. We work really hard. We save money. We start a business," he said. "We do our part for here.… When they don't take care of it, it's really hard."

Balasubramani and his brother Guna Sekar opened Madras Cafe in November 2021, after opening N.L. Spicebox earlier that winter.

Mounting bills

The timing of construction was also an aggravating factor to this situation, he explained. August is their busiest month, as it's the tourist season and cruise ships bring people to downtown. The money the café makes in that period helps them get through the rest of the year.

"However, this year … they started [construction] exactly when the cruise ships season and the tourist season begins, right?

"Our main business is from pedestrians who walk around the streets. They come, grab a coffee and a bite and stuff like that."

However, construction means people have a hard time getting to their front door.

To save costs, he cut the days of the week Madras Cafe is open from seven days to Friday through Sunday, and occasionally opening on Thursday. His staff has also gone from eight to just two.

On Thursday, he said, the café made $140 in sales, adding he still had to pay staff and operation costs for that single day.

The nearby construction has also caused maintenance issues for the café and it even shut down their water, he said. He has had to call in a plumber and electrician, adding to his bills.

Included in Balasubramani's statement of claim were costs the business had racked up: four months of rent at $16,000, nearly $9,000 for repairs and maintenance, almost $2,000 in unpaid wages and extra other costs from bills and taxes.

Balasubramani said the $25,000 he's seeking from the provincial government wouldn't cover his lost revenue but would help him stay open for a while longer.

The Department of Transportation and Infrastructure declined to comment on the case because it's before the courts.

None of the allegations has been proven in court.

Download our free CBC News app to sign up for push alerts for CBC Newfoundland and Labrador. Click here to visit our landing page.