Court injunction gives Real Jerk one-year reprieve

Court injunction gives Real Jerk one-year reprieve. Clay Pottinger, left, presents his father Ed, owner of The Real Jerk, with neon 'open' sign after a court injunction allowed the restaurant to stay open as it attempts to find a new location. Staff photo/JOANNA LAVOIE

Ironically, the reggae legend's song played on the restaurant's sound system moments after a Wednesday, Feb. 1, evening press conference wrapped up announcing The Real Jerk has won a court injunction and will be able to stay in its longtime home for up to a year.

"I just wanted a little more time to relocate and now I have that," said Ed Pottinger, owner of the award-winning eatery at 709 Queen St. E.

Pottinger said he'll now be able to get a good night's sleep knowing he won't be forced to lay off his 25 employees, many of whom have years of service.

"You might have heard we've had some good news today, which means you're allowed to have dinner here tonight," added Rob Davis, a consultant who has helped the family deal with the eviction process.

In late December, the popular local eatery, which has called the southeast corner of Queen Street and Broadview Avenue home since 1989, received notice it would have to vacate its space by Jan. 31.

Natalie Williams, The Real Jerk's manager for 18 years, opened that letter as the Pottingers were away visiting relatives in Jamaica. The property's new landlord, Bill Mandelbaum, president of Buckingham Properties, had negotiated a lease with the operator of a new Irish pub, which was set to move in Feb. 1.

Known for the large smiling sun with sunglasses on its outer wall and its tasty Caribbean fare, The Real Jerk fought the eviction setting up an online campaign, www.savetherealjerk.com and a petition, which has since garnered more than 3,000 signatures.

They also took the matter to court on Jan. 31.

"It's not my element. It's not something I'm good at, but I had to do it," said Pottinger, who is currently in discussions to lease another space "with a patio" in the community. "I'm quite confident we can find a place and go on."

Justice Madam Low released her decision, which also prohibits the landlord from entering the premises or interfering with The Real Jerk's "quiet enjoyment of the premises pending trial or further order of the court" late afternoon of Feb. 1.

Low has also ruled Pottinger must provide Mandelbaum with certified cheques for the month of January and February.

If the matter can't be resolved by March, he'll be required to pay, in addition to his usual rent, an additional $5,700 per month to the court.

Mandelbaum isn't too happy about the "surprising" and "quite astonishing" decision, which he said in an email "was obviously based on sentiment, not law."

"The lawyer for the Real Jerk did not present ANY evidence to support their desire to prevent the proper termination notice that was given to them on December 30th, 2011 to move by January 31st, 2012," he wrote, pointing to a tenant's acknowledgement confirming the monthly tenancy was signed by Lilly Pottinger, the restaurant's co-owner.

"What they presented was heresay, 'he said, she said' testimony and a lease dated 1995 that was missing some of the pages and the signature page, which reflects a duly executed contract. What WE presented was a purchase and sale agreement that was signed by the previous owner indicating that the Real Jerk's tenancy was a monthly tenancy."

Mandelbaum intends to appeal the ruling.

"All legal avenues will be used to overturn this decision and any and all damages as a result of this will be aggressively sought after," he said. "It's a sad day for small business people like myself, or for that matter anyone else, who buys a property and deals with it within the law, then has the judicial system, who supposedly is there to protect them, make a decision without legal merit."

Pottinger thanked his family, friends, customers, employees and local Councillor Paula Fletcher for their support during the ordeal.

"Without the community there would be no Jerk" he said. "(The staff) are all so delighted, giggly and happy. Everyone was on pins and needles."

Pottinger's son Clay presented his father with a fluorescent "OPEN" sign Wednesday evening in honour of the occasion.

"We're open for business," he smiled.