The Town of Ajax has secured a second legal victory against a Woodbridge developer, more than four years after the company started building a four-storey structure without the required permits.
On Thursday, the Ontario Divisional Court affirmed the demolition order for the property located at 599 Kingston Road West, rejecting an appeal from owner First Avenue following an unfavorable decision in September by the Superior Court of Justice.
The developer is now mandated to dismantle the partially completed structure at the southeast intersection of Kingston Road and Church Street in Pickering Village. Ajax Mayor Shaun Collier stated that the town, collaborating closely with legal counsel, will take “appropriate steps” to ensure that the demolition order is carried out.
Collier described this latest ruling as a “significant victory” for both the town and residents of Pickering Village.
“For years, our town has stood firm. Since 2021, we have worked through every necessary process with First Avenue, the Ministry of the Environment, Conservation and Parks and the courts to hold this project accountable,” Collier said in a statement. “This has not been a quick or easy fight, but we remained committed to defending our residents’ interests and upholding our planning and development regulations.”
“Today’s decision sends a clear message: our community will not be overlooked, and projects that ignore legal requirements will not be accepted in Ajax.”
Ajax Mayor Shaun Collier
First Avenue Properties acquired land on Church Street in Ajax back in 2015 with plans for a four-storey mixed-use development on what was previously an automotive repair shop that needed cleanup.
Diverse site plans were submitted to the Town of Ajax, leading to conditional approval granted to First Avenue in 2021. However, they did not secure a full building permit.
Court documents from Ontario’s Court of Justice reveal that by October 13 of that year, officials noticed construction activities were exceeding what was allowed under their conditional permit. This led to a visit from an inspector who spotted “above grade elements” being constructed.
“Not only did First Avenue lack a full building permit for these above-grade elements; they also neglected inspections for below-grade work. First Avenue admitted these points as true,” stated court reports.
The town promptly issued an Order to Comply requiring First Avenue to stop all work on above-grade components. However, upon inspection on October 27, it was found that construction continued despite this order.
Core slabs were later added on the second floor as structural support for walls without authorization from town officials, according to court testimonies.
The two parties have been locked in disputes ever since; meanwhile, construction remains unfinished at what should have been ground level since November 2021.
First Avenue argued before the court that demolishing their structure would be an unfair penalty due to factors beyond their control.
In her judgment last September, Justice Annette Casullo expressed strong disagreement with this view.
“First Avenue finds itself in these circumstances solely of its own accord. It failed to comply with terms it explicitly agreed upon,” she remarked. “First Avenue chose not to remediate the site-possibly due to high costs or perhaps because remediation wasn’t feasible. There’s no evidence explaining ‘why’ they opted against it; thus I needn’t reach any conclusion here.”
The developer suggested allowing them time instead of demolishing so they could work toward obtaining proper building permits.
However, Casullo ruled that First Avenue made a “calculated decision” when they built beyond what was permitted and “without following required inspections.” “First Avenue’s actions should not be rewarded. A demolition order is justly warranted under these circumstances.” This project is promoted online by First Avenue as ‘Five Nine Nine,’ which is presented as an upcoming low-rise modern apartment complex featuring carefully selected street-level retail spaces alongside parking facilities and waste management options comprising 60 one- and two-bedroom units. No comments have been received from First Avenue Developments regarding this recent ruling despite requests for feedback. INsauga’s Editorial Standards and Policies Last 30 Days: 30,549 Votes All Time: 1,273,186 Votes 1677 VOTES
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Ajax Mayor Shaun Collier
First Avenue Properties acquired land on Church Street in Ajax back in 2015 with plans for a four-storey mixed-use development on what was previously an automotive repair shop that needed cleanup.
Diverse site plans were submitted to the Town of Ajax, leading to conditional approval granted to First Avenue in 2021. However, they did not secure a full building permit.
Court documents from Ontario’s Court of Justice reveal that by October 13 of that year, officials noticed construction activities were exceeding what was allowed under their conditional permit. This led to a visit from an inspector who spotted “above grade elements” being constructed.
“Not only did First Avenue lack a full building permit for these above-grade elements; they also neglected inspections for below-grade work. First Avenue admitted these points as true,” stated court reports.
The town promptly issued an Order to Comply requiring First Avenue to stop all work on above-grade components. However, upon inspection on October 27, it was found that construction continued despite this order.
Core slabs were later added on the second floor as structural support for walls without authorization from town officials, according to court testimonies.
The two parties have been locked in disputes ever since; meanwhile, construction remains unfinished at what should have been ground level since November 2021.
First Avenue argued before the court that demolishing their structure would be an unfair penalty due to factors beyond their control.
In her judgment last September, Justice Annette Casullo expressed strong disagreement with this view.
“First Avenue finds itself in these circumstances solely of its own accord. It failed to comply with terms it explicitly agreed upon,” she remarked. “First Avenue chose not to remediate the site-possibly due to high costs or perhaps because remediation wasn’t feasible. There’s no evidence explaining ‘why’ they opted against it; thus I needn’t reach any conclusion here.”
The developer suggested allowing them time instead of demolishing so they could work toward obtaining proper building permits.However, Casullo ruled that First Avenue made a “calculated decision” when they built beyond what was permitted and “without following required inspections.” “First Avenue’s actions should not be rewarded. A demolition order is justly warranted under these circumstances.” This project is promoted online by First Avenue as ‘Five Nine Nine,’ which is presented as an upcoming low-rise modern apartment complex featuring carefully selected street-level retail spaces alongside parking facilities and waste management options comprising 60 one- and two-bedroom units. No comments have been received from First Avenue Developments regarding this recent ruling despite requests for feedback. INsauga’s Editorial Standards and Policies Last 30 Days: 30,549 Votes All Time: 1,273,186 Votes 1677 VOTES
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