07/04/2025
Yesterday, I had a conversation with Ashley, the City Bylaw Officer responsible for managing the noise issue with the ventilation unit on top of the former Camsell Hospital (now called the Inglewood Lofts).
She confirmed that about 2 weeks ago, the City served the owner with a $10,000 ticket for a noise violation. The owner has not responded in any way to the City's inquiries or notifications in this matter.
The City is now in the process of issuing a MGA (Municipal Government Act) directive to the owner. This directive (which as I understand it is similar to a cease and desist order) is to turn off the ventilator until it can be repaired or properly insulated. Again, Ashley informed me that, again, the owner did not respond upon being informed that this directive would be issued.
Bylaw Enforcement was been actively working with the City Solicitor's department to issue a summons to the owner to appear in provincial court with a request for a judicial order that the owner comply with the directive. The issuance of this summons will be either today (Friday) or early next week.
This court date depends on available openings in the court calendar. However, based on past experience, the hearing date is usually about 12-13 weeks from the date of the summons.
Ashley did mention that the City has an abundance of evidence, witness statements, and other observations supporting the directive and no further "complaints" from residents are required at this time.
The file is no longer in the investigation or discovery phase, and is now solidly in the phase of enforcing compliance.
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I know that many of us are frustrated with the noise and disruption of the ventilator. However, one of the legal principles in Canada is protection of property rights. Sometimes an offending property owner is not interested in working with neighbours or the community, and insteads puts its economic interests about the rights for peaceful enjoyment of property by others.
From everything that I have heard, the owner of Inglewood Lofts will be forced to comply with the order to fix the ventilator. Like all of us, I hope this compliance can be expedited; but I also ask all of us to remain patient.
ICL President
