Ontario Construction News staff writer
AJAX – The partially constructed buildings at Kingston Road West and Church Street South in Ajax are set to be demolished after Ontario’s Divisional Court upheld a demolition order.
The March 26 ruling dismissed an appeal by property owner First Avenue, six months after a judge first ordered the teardown of the site, which was intended to be a mixed-use development.
Town officials had initially issued a conditional permit for the project in 2021, but halted construction after determining that work exceeded the permit’s scope. A prolonged dispute between the developer and the town left the buildings unfinished for nearly five years.
In addition to enforcing the demolition, the court ordered First Avenue to pay $30,000 in legal fees to the town.
Mayor Shaun Collier said the ruling reflects years of community concerns. “This decision reinforces what our community has been saying for years: the rules that protect our neighbourhoods, our safety and our environment must be respected,” he said.
First Avenue responded that it has been working to comply with provincial standards and to secure approvals from the Ministry of the Environment, Conservation and Parks. “It is unfortunate that the town has not allowed what has been a complex, lengthy and expensive process to be completed,” the company said.
Collier said the town, in co-ordination with legal counsel, will now ensure the demolition proceeds.
“This decision reinforces what our community has been saying for years: the rules that protect our neighbourhoods, our safety and our environment must be respected,” he said in a statement. “First Avenue said it has “worked diligently to meet all provincial standards to allow it to proceed with bringing much needed rental housing to Ajax and continues to work with the Ministry of the Environment, Conservation and Parks to obtain the necessary approvals.
“It is unfortunate that the town has not allowed what has been a complex, lengthy and expensive process to be completed. This has not been a quick or easy fight, but we remained committed to defending the interests of our residents and protecting the integrity of our planning and development rules.”
