The City has subsequently issued two more demolition permits on Oct 24th, 2019 for the duplex and a house on the property. A civil legal proceeding CV-19-00004625-0000 began at the Superior Court of Justice in Brampton as of Nov. 12th, 2019 started by a tenant.

The application to the court challenges the issuance of the permits under the Building Code Act, because the City did not enforce Demolition Control Bylaw 45-19 which reads that it was enacted, passed and in force since March 27th, 2019 for the whole region of Mississauga. 

A judge will assess the evidence that the City has not enforced the Demolition Control Bylaw-45-19 to prohibit premature demolition of the six rental units onsite or followed the processes mandated by the bylaw. Counsel might not make a decision on the development application until at least late February 2020 or later. 

City planner Robert Ruggiero, as the planner assigned to this development project has affirmed that Demolition Control By-law 45-19 was implicated in all this. Neither the City or at NYX is willing to honour the bylaw requirements as yet, or at the very least wait for the judge to make a ruling on the application. 

Reports in the City's online portal say that buildings of this age on the property contain asbestos, but neither the City nor NYX have any concern about the negative health effects of demolition on existing tenants. No amount of air born demolition dust containing asbestos is considered safe, but will be floating around outside the door of Tannery house again if NYX chooses to do another demolition while people are still on the grounds. The duplex behind Tannery house is now empty as the last tenant living in it moved out Nov. 15th, 2019. It is understood his living costs increased by at least $500.00. 

NYX has not provided any appropriate notice to the remaining tenant(s) onsite living in the house that fences would be going up around the house today, reducing yard space, nor has any appropriate notice been provided that another demolition will take place on the grounds despite the tenant's request for notice due to disability under the Human Rights Code. 

NYX is fully aware the court is going to assess the applicable laws on December 20th, 2019 or sometime thereafter. The circumstances appear NYX wants to make sure to demolish the next building before the court and City counsel can decide. It has not been possible for court processes to move ahead sooner. 

Tenants also have concerns whether NYX will cause a demolition truck to drive into Tannery house while demolishing the duplex next to them by "accident" in what has so far been like living in an atmosphere of lawlessness. Last week all utilities and power lines were cut off at the duplex. 

Recent comments from the City planner: 

Robert Ruggiero <Robert.Ruggiero@mississauga.ca>
Wed 2019-11-13 2:04 PM

I can confirm that the Demolition Control By-law 45-19 was enacted on March 27, 2019 and the By-law is currently in force. 

I would like to clarify your comments on the applicability of the by-law and point you to section 3 of the By-law.   Section 3 states that “no person shall demolish or otherwise remove the whole or any portion of a residential property in an area of demolition control, unless that person is the holder of a demolition control permit issued for that residential property in accordance with this By-law”.  The six dwelling unit (per building) threshold that you mention in your email is relevant for the approval process for the permit as per sections 8 and 9 of the By-law.

Regards,

Robert Ruggiero

Development Planner

T 905-615-3200 ext.5725

robert.ruggiero@mississauga.ca

City of Mississauga | Planning and Building Department,

Development and Design Division

Demolition Control By-law 45-19, S. 8-9:

Demolition of less than six dwelling units

8. The Chief Building Official is authorized to approve and issue a demolition control permit for all or part of a residential property, if the residential property contains less than six dwelling units and, where applicable, the owner consents to the conditions imposed on the permit.

Demolitions of six or more dwelling units

9. The Chief Building Official is authorized to issue demolition control permits for six or more dwelling units in accordance with the approval, subject to any conditions, given by the: (1) Commissioner, for all or part of a residential property containing six or more nonrental units; and (2) Council, for all or part of a residential property containing six or more rental units.