It is straight out of the Hamilton demolition by neglect script.
Aventus Developments began demolition of the historic Tivoli Auditorium on Monday morning without seeking demolition permits from the City of Hamilton.
Shortly after 1:30 p.m., this reporter (Joey Coleman), visited the site after learning demolition had begun. The City learned of the demolition from the reporter.
Immediately upon learning about the demolition, the City dispatched a building inspector to issue a stop work order and an Order to Comply.
Ward 2 Councillor Cameron Kroetsch says there is “no excuse” for the developer’s negligence, adding the illegal start “completely undermines their credibility” with the City and the community.
“They’re aware of the process and they know the rules.”
Kroetsch says he is “following up with City staff to find out more about what happened and what remedies exist.”
At this time (Tuesday, September 16), no further information is available.
There were no visible dust mitigation measures in place during Monday’s demolition work.
In January, Hamilton City Council approved the demolition of the heritage-designated structure after a 193-page engineering report determined the building was “past the point of restoration,” citing structural failure, asbestos contamination, and widespread mold.
Without a permit, there is no means to know if public safety requirements for asbestos mitigation and containment have been met.
Demolition work has ceased following the order.
Aventus plans to replace the auditorium with two towers of 32 to 35 storeys each.
A new zoning and official plan amendment application is required. No planning application is currently listed for 108 James Street North.
Production Details
v. 1.0.0
Published: September 16, 2025
Last updated: September 16, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version
Discussion
12 commentsNo excuse for this. Construction companies are getting too complacent asking for ‘forgiveness instead of permission’.. because the fine is often too small, and like littering fines, less than the cost of the permit!
We will have to wait and see what the City does.
Past practice has been to issue a fine that was lower than the cost of applying for a proper permit.
I’m cautiously optimistic that the City of Hamilton is taking lessons from how the Town of Oakville is enforcing its laws against Hamitlon developers who demolish structures without permits.
I hope you are correct Joey! There is a Heritage Tool Kit available. It has not been used
Perhaps a lack of understanding of the Ontario Heritage Act by the City’s Building Department and MLE. I remember going through a very similar exercise exercise in 2014.
Who is taking care of our heritage buildings…….they need to be FIRED ……RIGHT NOW
Hi Christine,
I am working on a separate story regarding an Ancaster heritage property. That story includes how staff are taking serious measures to protect heritage structures following the Gore buildings collapse in November 2024.
Would this be the Marr-Philippo House?
SEVERAL BRICKS ARE MISSING from the west side of this heritage stone house. This has been for several weeks!
Yes, it was at Property Standards this morning.
The Tivoli was a rotting shell full of asbestos and mold. Council already approved demolition. Now it’s finally coming down, and people are crying about paperwork?
This is peak Hamilton: fight progress, block investment, then complain nothing ever changes. We can’t fix homelessness, addiction, or crumbling infrastructure without a bigger tax base. Money doesn’t grow on the old factory jobs from 30+ years ago.
Like it or not, progress is here. Deal with it.
“Paperwork” is important to ensure the demolition is done safely, that asbestos is not released into the air, and again, done safely.
I don’t have faith in this city to ever do the right thing when it comes to public safety. Here’s a perspective if it’s about safety, as you’ve zaid. Why is Hamilton Council praised when they demolish Jamesville without CN approvals, but the Tivoli developer is dragged through the mud for starting after Council itself already approved demolition? The double standard is clear: if it’s City Hall breaking its own rules for “unhoused”, it’s called progressive leadership. If it’s the private sector pushing for progress, it’s called dangerous capitalism. Enough politics. Hamilton needs consistency, urgency, and real progress. This kind of dangerous process by this builder is not going to be the first we see. People are fed up with waiting on City Hall to actually do something.
Regarding the Tivoli file, the City did not drag its feet. The owner needed to complete requirements before final permit.
Council approved that staff could issue the permit, once conditions and requirements were met.
Regarding Jamesville, CN is objecting to the future development plans as it existed when approved in 2022. The demolition is separate from the future use.
In Jamesville, all conditions for demolition were met before final knock down of the structure.
There is damaged and deteriorated asbestos containing materials in the Tivoli. As someone who walks past the building on a regular basis, I want to know 100 percent that issue has been addressed before dust is flying into the air.
Take away their building permits for a year. The financial cost will exceed any fine.
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