Interim staff
A Toronto-area businessman may be one step closer to victory in a long-running legal battle involving leased property located one floor above Dr. Henry Morgentaler’s abortion clinic.
Robert Blondell, head of a funeral consultant and casket sales company, leads a group of former tenants of 1670 Bayview Avenue who have been sued by the landlord for evacuating the premises prior to the expiration of their lease.
Blondell, who leased space in the Bayview property in 1992, feared Morgentaler’s moving into the same building the following year would hamper his business operations. Morgentaler required a new clinic after his Harbord Street abortuary was fire-bombed in May, 1992.
Although abortion supporters and the mainstream media immediately pointed to pro-lifers for the attack, police have yet to make an arrest. In fact, a Canadian Security Intelligence Service (CSIS) investigation speculated the bombing was the work of a left-wing activist determined to discredit the pro-life movement.
Blondell said security concerns, coupled with the threat of picketing by pro-life demonstrators, made it impossible for him to conduct business in a proper manner. This view prevailed despite the fact that an injunction initiated by the former NDP government of Ontario has effectively kept pro-life demonstrators well away from abortion clinics in the province.
“It came down to the fact that the presence of Dr. Morgentaler in the building violated the quiet enjoyment clause in our lease,” Blondell told The Interim. “It became impossible to conduct business in that kind of environment.
He said at least one of his employees resigned her position for fear of harassment. In addition, some members of the public made the erroneous assumption that Blondell’s funeral business was somehow associated with Morgentaler’s abortion operation.
The landlord at 1670 Bayview Ave. initially attempted to address tenants’ concerns by installing special monitoring equipment and other security features. However two independent studies found these to be inadequate.
Blondell’s decision to evacuate led to a multi-million dollar lawsuit launched by the landlord, Harry Winton Investments Ltd.
Blondell, who now operates his business out of Mississauga and Cambridge, immediately countersued for $2.5 million.
After several months of legal wrangling, the case is scheduled to go to court June 9. Blondell is optimistic that a trial by jury will find in his favor. He referred to a November, 1994 report to Dr. Mortentaler that Harry Winton Investments Ltd. Itself has concluded that security problems justified early termination of tenants’ leases at the Bayview property. And in a serious breach of court procedure, this report was not disclosed to attorneys reporting Blondell in the lawsuit.
Whatever the outcome, Blondell maintains that the case does not centre on the morality of abortion. “This has nothing to do with one’s views on the abortion issue,” Blondell said. “It’s simply a question of the landlord providing a proper environment for all tenants. If this could happen to me, it could happen to anyone.”
Blondell did note that his new lease includes a clause stipulating that the landlord shall not lease space to abortion providers.
He said other businesses located near abortionists should consider similar clauses when renewing leases.
