June 5, 1998
To:Corporate Services Committee
From:H.W.O. Doyle, City Solicitor
Subject:871 Queen Street West
Purpose:
To provide updated information.
Funding Sources, Financial Implications and Impact Statement:
Not applicable
Recommendations:
It is recommended that this report be received for information.
Council Reference/Background/History:
At its meeting on June 2 and 3, 1997, City Council adopted Councillor Mario Silva's motion that the City participate in a
Court action between the owners of 871 and 869 Queen Street West, and adopted Clause 14 of Executive Committee
Report No. 16, as amended.
Comments and/or Discussion and/or Justification:
On August 16, 1985, a permit was issued to the owner of 871 Queen Street West to demolish an attached building. The
demolition was completed on December 11, 1986.
In July, 1991, the owner of 869 Queen Street West commenced an action against the owner of 871 Queen Street West
alleging that as a result of the demolition, he had experienced peeling paint, loose plaster, water damaged plaster and
cracking of the walls in the basement, first and second floors. He also alleged that his expenses for heating the building had
dramatically increased. The trial was held during 1996 and a Decision released December 24, 1996. The trial judge held
that the owner of 871 Queen Street West was liable to the owner of 869 Queen Street West and awarded damages of
$15,701.50, plus pre-judgment interest and costs. The trial judge held that as a result of the demolition, the common
interior wall had been changed into an exterior wall of the building at 869 Queen Street West. In failing to insulate and
waterproof the wall, the owner of 871 Queen Street West created a nuisance for which he was liable in law.
The owner of 871 Queen Street West filed an appeal from the Trial Judgement to the Court of Appeal.
Pursuant to Clause 14 of Executive Committee Report No. 16, as amended by City Council at its meeting on June 2 and 3,
1997, an Application was made before the Associate Chief Justice of Ontario on December 15, 1997, for an Order granting
leave to the City to intervene in the Appeal between the two owners. By an endorsement issued on December 16, 1997, the
Associate Chief Justice granted leave to the City to intervene as a friend of the Court for the purpose of rendering
assistance by way of argument, subject to certain conditions.
By order issued April 28, 1998, the Court of Appeal dismissed the appeal brought by the owner of 871 Queen Street West
on the basis that it had not been perfected in time. The City's involvement has therefore come to an end.
The owner of 871 Queen Street West has now written to me suggesting that the City must take responsibility for some part
of the award he must now pay and his legal costs on the basis that the "work [was] done under the direction of a responsible
City representative". If the owner of 871 Queen Street West wanted to bring an action against the City for contribution, he
was required to do so by December 25, 1997. He has not done so and therefore the matter is now statute barred.
Furthermore, the Trial Judge was not critical of the conduct of the City inspectors during the demolition. Based on a review
of part of the trial transcript provided by the solicitor for 871 Queen Street West, of the evidence of the building inspector
at the time of the demolition, there is nothing to suggest that he made any statements upon which the owner of 871 Queen
Street West could rely with respect to his obligations vis-a-vis the owner of the adjoining building.
Conclusions:
The owner of 871 Queen Street West cannot bring an action against the City as any claim is now statute barred.
Furthermore, there does not appear to be any basis upon which the City could have been found liable to him, if an action
had been brought in time. Therefore, there is no legal basis upon which the City should contribute towards the award that
the owner of 871 Queen Street West is required to pay to the owner of 869 Queen Street West.
Contact Name:Andrew A. Weretelnyk
(416) 392-7248
(416) 392-1199
