Article content continued

“I have been leasing the property for a number of years and have been using the space to grow medical marijuana under three federally issued licences during that time,” Sergi said in a sworn affidavit dated June 15, 2016.

In fact, he argued he must stay in the building because the federal government wouldn’t let him move: “the plants must be grown either on the property or not at all.” To move would require the federal government’s permission and disrupt the medical needs of people requiring the marijuana, he wrote.

Sergi didn’t own the building, he leased it. When the city went after the building’s owner, Toronto lawyer Yigal Rifkind, he moved to evict Sergi. In response, Sergi sued Rifkind. The matter was still before the court at the time of Sergi’s death.

Sergi’s affidavit in the case suggests what he was doing in Hamilton is exactly what many suspected his real purpose was with his aborted union — to pool together people with individual medical marijuana licences to create large, conglomerate pot operations.

Rifkind said he never wanted to oust Sergi but didn’t want to engage in a legal brawl with the city.

“You know what they say, you don’t fight city hall,” Rifkind told the Post. He doesn’t see how the Hamilton operation could be motive for murder, though, as it was already wrapping up.

Rifkind was first introduced to Sergi as “Tony Large” and only found out that was a nickname later, he said. He conceded Sergi wasn’t a typical tenant.

“Tony was an interesting character and had a lot of interesting friends. He was a larger than life character but I don’t know what would motivate that end result,” he said of his murder.

“He was a difficult person not to get along with,” Rifkind said. “You could be furious with him and in five minutes you’d have forgotten why.”

Being told that Health Canada says the facility was never licensed to grow pot left Rifkind momentarily speechless.

“That’s crazy,” he said after a long pause. “If that’s true, it would come as a huge shock to me.” He said he had seen correspondence that appeared to be from Health Canada.

“It’s possible there has been a misrepresentation.”

It came as a shock in Hamilton as well.

After mediation, the case was set to be settled out of court. Everyone was expecting Sergi — and his plants — to be out of the building this month. City of Hamilton spokeswoman Ann Lamanes said an inspection is scheduled to confirm “voluntary compliance.”

News, however, the building that has bothered city officials for almost a year was never actually federally licensed enraged Merulla.

“That is astounding. It is shocking. I can’t even describe what I’m feeling. I’m beside myself,” Merulla said.