The owner of the St. Charles Hotel and the City of Winnipeg were back in court today to argue for and against the removal of historical designation for the 101-year-old property.
St. Charles Enterprises is attempting to remove the historical designation on the basis the city failed to meet a 2011 deadline to place a caveat on the property. Previously, hotel operator Ken Zaifman had argued he was not aware the hotel was a heritage property when he purchased St. Charles Enterprises in 2005.
Appearing before the Court of Queen’s Bench, city lawyer Markus Buchart argued St. Charles Enterprises was attempting to exploit a procedural technicality by arguing the caveat was placed on the property two months late.
St. Charles Enterprises lawyer Jamie Kagan argued the court has no authority to allow the city any leeway in failing to comply with a change to the City of Winnipeg charter, demanding the placement of the caveat.
Justice Chris Martin reserved his decision.