Her counsel replied as follows:
"Thank you for reaching out. This is a long-standing legal matter, and my client has been attempting to resolve it through the proper channels for many years. Because it is a personal and ongoing process. We will not be commenting further at this time."
The City of Hamilton has issued a second Building Code Act Section 15.10 emergency order requiring the occupant of the West Avenue North home to immediately vacate the home. This follows a Superior Court ruling that invalidated the city’s initial emergency demolition and eviction orderbecause the city relied on a private engineering report rather than conducting its own independent inspection. The second order, issued December 12, allows for potential repairs and gives the owner the option to demolish if she chooses, but still mandates the property be vacated for safety reasons.
Superior Court Strikes Down Initial Demolition and Eviction Order
Earlier in the week, a Superior Court justice ruled against the City of Hamilton’s emergency demolition and eviction order targeting the same property owned by Mayor Horwath. The judge held that the City failed to satisfy statutory requirements of the Ontario Building Code Act because it had not completed a municipal inspection and instead relied solely on an engineer’s report commissioned by the property owner. This ruling struck down the earlier order that had sought immediate demolition and removal of the occupant.
Two complaints have been registered with Hamilton’s integrity commissioner concerning Mayor Horwath’s involvement in the enforcement actions a. These complaints allege potential conflicts or code-of-conduct issues tied to the enforcement process.
