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Health Unit Files Lawsuit Against Apartment Owner in Thunder Bay

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Home»Thunder Bay»Health Unit Files Lawsuit Against Apartment Owner in Thunder Bay
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Thunder Bay

Health Unit Files Lawsuit Against Apartment Owner in Thunder Bay

August 17, 20265 Mins Read
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Health Unit Files Lawsuit Against Apartment Owner in Thunder Bay
Sharon Zoschke has lived at Vickers Manor in Thunder Bay, Ont., for the past 16 months. Despite ongoing health and safety concerns at the building, she says she doesn't want to leave because of the strong sense of community in the building. (Sarah Law/CBC)
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The Thunder Bay District Health Unit (TBDHU) is suing the owner of a seniors’ apartment complex, stating it’s a “last resort” after he ignored numerous health code violations.

Abby Mackie, a public health inspector with the TBDHU, mentioned that compliance orders were sent to SMS Property Trust Inc. on July 8 and July 29 due to complaints about extreme heat, overflowing trash, and bed bugs at Vickers Manor.

“An order is kind of a last resort for us. We prefer to use education and co-operating with ownership to resolve or mitigate any kind of health hazards,” Mackie said. “In this case, we just weren’t getting a response.”

Vickers Manor, previously known as Mc Kellar Place, provides independent living options for seniors and has several assisted living units run by Brain Injury Services of Northern Ontario.

This property, located at 325 Archibald St. S. on the south side of the city, is currently listed for sale at $1 after having been priced at $18.9 million earlier this year.

Apart from health code violations, the owner also faces multiple fire code violations. Earlier this summer, several unpaid bills nearly led to utility shut-offs; when hot meals stopped being served, volunteers initiated a crowdfunding effort to provide food for residents.

Garbage is seen on the ground surrounding the waste disposal bins outside Vickers Manor in Thunder Bay, Ont., on Friday afternoon. (Sarah Law/CBC)

SMS Property Trust Inc., owned by Ongrasothy Masillamany from Markham, has been charged with 36 offences under the Health Protection and Promotion Act due to excessive heat issues in the building according to documents obtained by from the Ontario Court of Justice through Thunder Bay’s Provincial Offences Office.

“We did issue a summons for the owner to appear in court on the July 8 order, and a second summons will be forthcoming next week on the July 29 order,” said Mackie.

A justice of the peace will decide and impose fines if Masillamany is found guilty.

Masillamany is set to appear via video conference in Provincial Offences Court on November 25.

Vickers Manor in Thunder Bay, Ont. The six-storey building at 325 Archibald St. S. on the city’s south side includes 109 residential units and 10 commercial units. (Sarah Law/CBC)

tried reaching out to Vickers Manor’s management through phone calls and emails but received no reply.

Mackie noted that it’s “very rare” for their health unit to go through legal channels for compliance issues.

“Unfortunately with this ownership, it’s been very difficult because they’re just not responding,” he stated.

“I guess if I had any hope, it would be that maybe new ownership comes in-someone that’s committed to providing a safe living environment for these tenants.”

Local Politician Urges Investigation

A spokesperson from Thunder Bay City issued an email statement Friday indicating that the Municipal Emergency Control Group continues monitoring Vickers Manor’s situation in case service disruptions could endanger tenants.

The city is also working with community partners “to help connect residents with available services and supports,” while sharing information about alternative housing options available locally.

Lise Vaugeois is NDP MPP of Thunder Bay-Superior North. (Marc Doucette/CBC)

NDP MPP Lise Vaugeois from Thunder Bay-Superior North expressed that conditions at Vickers Manor are unacceptable. She wrote an August 4 letter addressed to Ontario’s Minister of Municipal Affairs and Housing Rob Flack but hasn’t received any response yet.

Among other requests, she’s advocating for Ontario’s Rental Housing Enforcement Unit to look into whether or not the owner complies with the Residential Tenancies Act.

“They ought to be there seeing what’s going on and putting pressure on owners to fulfil their obligations,” Vaugeois stated.

“Now does that put people at more risk of being pushed out if they start receiving more fines? You know that’s something strategic that needs consideration but those authorities need presence.”

has contacted Flack’s office and awaits an answer. Meanwhile, a spokesperson for Thunder Bay-Atikokan PC MPP Kevin Holland says his office is preparing a response.

Vaugeois mentioned she wants assurances fromthe province that “no resident gets displaced without a well-planned individual approach ensuring appropriate affordable housing.”

‘We want stability’

Sharon Zoschke moved from Ottawa four years ago and quickly fell in love with Fort William area on Thunder Bay’s south side.

“I would see Mount Mc Kay; it was calling me home, and I just loved it,” she shared.

Sharon Zoschke, a resident at Vickers Manor in Thunder Bay, Ont., states her desireto remaininthisbuildingbecauseofitsstrongcommunityspirit. Shealsodevelopeda fondnessfor Fort Williamneighborhoodanditsrichhistory.(Sarah Law/CBC)

She’s called Vickers Manor homefor16 months now. Earlierthis summer, she experienced temperatures hitting32 Cinsideherunit, sayingthat her windowwon’t open.

Regardless, she treasures her time here, loves learning about its history asformer Mc Kellar General Hospital, and has made many friends during her stay.“Having faith really matters, everything looks bleak”- Sharon Zoschke, residentat Vickers Manor

That senseof communityis what keeps her settled even thoughmanytenants have left due tofears over evictionandutilitycuts.

“We don’t wanna go anywhere. We’re hoping it’ll all work out,” she remarked.

Zoschkewantsmore transparencyregardingservicedelaysandthepossibilityofthesaleofthebuilding.

“If we’dbeen kept informed, fewerpeoplewouldhave left,”she suggested.

Zoschke remains optimistic while urging respect toward current tenants rather than pitying them.

“Having faith really matters even when things look bleak.”</ 

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