Ontario Construction News staff writer
The Ontario Superior Court of Justice has ordered the demolition of above-ground structures built without a building permit at 599 Kingston Road West in Ajax, a partially constructed four-storey mixed-use development.
Justice Annette Casullo issued the ruling on Sept. 18, 2025.
The developer, 1940475 Ontario Inc. and First Avenue Properties Inc., had constructed virtually the entire first floor despite conditional permits that only allowed footings and foundations. The court noted this made it “impossible to conduct the required inspections” mandated by the Town’s Building Code.
In her ruling, Justice Casullo found:
- First Avenue knowingly violated the building code act and its conditional building permit agreement.
- The property posed significant environmental and safety concerns due to contamination.
- First Avenue made a calculated decision to proceed without permits and inspections, ignoring Town orders and legal obligations.
- Arguments about demolition being costly or delaying remediation were rejected.
The property, a former automotive sales and repair site, had significant soil and groundwater contamination. First Avenue had failed to complete the required remediation or obtain a Record of Site Condition (RSC), which is necessary for above-grade construction. The court found that the developer repeatedly ignored stop-work orders and a mandatory injunction.
The court emphasized that the building inspection scheme exists to protect public health and safety.
In a statement, the Town of Ajax said it was “pleased with the recent decision”, calling the ruling “an important affirmation of accountability and the need to uphold the integrity of planning and building regulations.”
“First Avenue’s conduct must not be rewarded. An order for demolition is the only just and appropriate remedy in the circumstances,” the town said. “The town will continue to monitor the matter – including any possible appeal – in consultation with its legal counsel and remains committed to ensuring that all development within its boundaries adheres to applicable laws and standards.
