6-Year Tenant Of University Centre Wants To Stay
Lack of written agreement between UMSU and massage therapist causes problems
JENELLE PETRINCHUK STAFF
Last month, Reynald Bynski, the operator of a massage therapy business located in University Centre was told he had to vacate his office. The request came from the University of Manitoba Students’ Union. UMSU operates the space, and asked him to leave in order to make room for more closely UMSU-related matters.
Bynski has been using room 102S in University Centre for the past six years to run a massage therapy business that helped students with multiple sclerosis, epilepsy, clinical depression and stress. There is no formal, written agreement stating Bynski’s rights to the space.
UMSU president Garry Sran said that the issue is not a new one. “[It] has been discussed since June and there’s always a need for space for student groups. We looked at the space we currently own and operate and we’re just kind of doing an audit on our space because we have over 90 student groups and there is a real need for offices for our communities reps,” said Sran.
Bynski isn’t so sure. “[UMSU is] big on student groups and I don’t know why . . . I don’t see why they’re taking away a space that provides something for hundreds of students and giving it to four people. It doesn’t make sense.”
Bynski has decided to take action but has so far been unsuccessful. He said that he has appealed UMSU’s decision and, more recently, started a petition. “The problem is that right now there aren’t a lot of people on campus. If I was here in September . . . I could easily get hundreds of signatures.”
In 2000, Steve Gates was the executive director of UMSU and it is with him that Bynski claims he made a verbal agreement in regard to the use of the space.
According to Bynksi, the original agreement was that he would be allowed to use the space as long as he provided his services to students at low rates and offered to accept cheques, deferred payments and different payment options.
Sran denied the existence of any verbal agreement and stated that if there was one, it wasn’t with UMSU this year.
“As a non-profit organization we don’t know if there was a verbal agreement. [If there was] it wasn’t made by any of us,” said Sran.
Even if there was a verbal agreement made six years ago, the lack of a formal agreement complicates things now.
“Everything we do must be in terms of our policies,” said Sran. “It has to be in writing. Any agreement, any space use, anything like that would be written in an agreement format.”
Sran also pointed out that each year student groups have to reapply to use space through UMSU and have to sign a contract for it every time.
According to U of M law professor Darcy MacPherson, “In terms of contract law, there is not always a requirement that an agreement needs to be in writing as long as it can be proven. Sometimes verbal agreements are enforceable.”
MacPherson also stated that each situation is different and that he was not inclined to give legal advice to either parties because he was not aware of the circumstances at hand.
Bynski said he is prepared to fight for the space or at least feels that he deserves more notification.
Since the business is run on campus, Bynski said it is important to his clients that he stays there. “Every business on campus is in a very unique situation. They are all very monopolized and they don’t get much business from off campus,” he said.
The therapy clinic hasn’t paid any rent since it has occupied the space. “He’s basically using the space and nobody just said anything about it,” said Sran.
“Basically they think that I walked in here, walked past the front desk into the vault and made myself a key,” says Bynski, “Obvioulsy somebody somewhere along the line had to say yes.”
Sran said that UMSU offered help in other ways, helping him to communicate his change of location to clients.
Bynski called UMSU’s offer of assistance “lip service” as he doesn’t think they are actually willing to help him with anything.
Sran said “It was a hard decision. “We looked at all of our options but the decision was made to actually have him leave the office and that we’re no longer going to be giving him the space.”
Bynski said he doesn’t feel the main issue at hand is the fact that there is no verbal agreement, but rather the way he is being treated by UMSU.
“If I lose this space, it will be a huge loss to my career, my livelihood and my financial situation,” said Bynski.
