Legal action successful against 282-285 Ontario St. owners

The City has successfully concluded another step in a string of legal actions against the property owner, 2390541 Ontario Inc., of the former industrial property at 282-285 Ontario Street.

On Friday, Jan. 14, the numbered corporation and its directors, pleaded guilty in Provincial Offences Court to two charges each under the Building Code Act and four charges each under the City’s Waste By-law, totalling 12 charges, reflecting recent amendments made to allow the City to better address issues with the care and maintenance of properties such as the industrial site. The Building Code Act charges relate to the February 2021 demolition of the smokestack on the property without a permit.  The charges under the City Waste By-law relate to the owners’ failure to test, remove and dispose of refuse / debris from the property, and provide a valid manifest for approval by Nov. 18, 2020.

As a penalty for these most recent charges 2390541 Ontario Inc. is required to pay $60,000 in fines within the next year. This latest round of successful legal action brings the total fines and penalties levelled against the property owners in relation to the Ontario Street property up to $140,000.

“These most recent legal successes are a key part of a larger action plan to rectify issues and concerns with the property, including efforts to update our by-laws to better address problematic properties and ensure property owners are held accountable for their impacts on neighbourhoods and the environment,” said Director of Planning and Building Services, Tami Kitay.

In April 2021 the property owners pleaded guilty at Provincial Offences Court to 13 charges under the Building Code Act for failure to provide a schedule of all required inspections listed on permits issued for the property and failure to submit general reviews from a professional engineer. Those charges resulted in fines totalling $25,000. At the same time the owners pleaded guilty to two charges under the Fire Protection and Prevention Act related to failure to property securing a vacant building, resulting in an additional $10,000 fine.

Additionally, in December 2021, the Ontario Superior Court of Justice, ruled that the owners are required to pay $45,000 to cover the City’s costs to secure the property through Emergency Orders under the Building Code Act.

The legal proceedings are an important part of the City’s ongoing action plan to address concerns with the property.

For more information on the City’s efforts to address issues with the site please visit stcatharines.ca/282-285OntarioStreet.