The City of Hamilton has issued a second Section 15.10 Building Code Emergency Order against 76 West Avenue North, a property owned by Mayor Andrea Horwath.

The new order, signed by Chief Building Official Rob Lalli on December 12, requires the home’s occupant, Ben Leonetti, to immediately vacate the premises.

A new Emergency Order under Section 15.10 of the Building Code was posted by the City of Hamilton ordering the removal of the occupant at 76 West Ave N. Credit: Joey Coleman

The City’s previous December 3 Emergency Order was struck down on Wednesday, December 10 by the Superior Court.

Justice John Krawchenko ruled the City had failed to satisfy the requirements of the Building Code Act because it relied solely on a professional engineer’s report commissioned by Mayor Horwath as a private citizen.

“The Act does not contemplate a private party such as Kalos [Engineering] or its engineer assuming the role of a municipal inspector,” Justice Krawchenko ruled. Kalos is the engineering firm Mayor Horwath retained privately.

Unlike the initial order, which declared the building at imminent risk of collapse and mandated immediate demolition, the new December 12 order states the structure can be repaired. However, it grants Mayor Horwath permission to demolish the structure if she chooses.

Photos taken by Kalos Engineering Inc on November 25, 2025, showing interior structural concerns at 78 West Avenue North in Hamilton. Credit: Kalos Engineering / // as submitted to the Superior Court

The new order cites a report by Element Forensic Engineering. The City has not disclosed whether this second engineering report was commissioned by City officials.

The City has not disclosed why it did not seek an independent engineer’s report or seek the assistance of another municipality to review the matter before issuing the first order.

There are no property standards orders visible on the property.

Movement of a person was visible within the upper level of the home, where Leonetti resides, during the afternoon on December 13. Leonetti is Horwath’s former common-law partner. There are ongoing disputes between the two, including a civil lawsuit.

Leonetti refused to comply with the initial December 3 order. Following this refusal, the City applied to the Superior Court for an injunction to remove him and enable demolition. Two City of Hamilton lawyers were listed as counsel on the application.

In an affidavit filed regarding that previous order, the City stated its housing and homelessness teams are “prepared to assist” Leonetti with emergency shelter and supports.

Utlity locates have been completed within the public right-of-way in front of 76 West Ave. N. in Hamilton. Credit: Joey Coleman

On December 10, instead of granting the City’s requested urgent relief, Justice Krawchenko invalidated the order. He encouraged the City to reach a mutually agreeable resolution, stating, “[Leonetti] is willing to work with the [City] outside of this proceeding, and I hope that they do so.”

Despite the ruling, preparation for demolition has continued in the public right-of-way, with utility locates completed and fencing erected.

The City Manager’s Office issued a statement at 8:30 p.m. on Thursday, December 11, stating that internal staff were continuing to deal with the matter and that no property standards or new building code orders had been issued at that time.

Preparations to block off a property owned by Andrea Horwath at 76 West Ave N. Fencing is stacked on the lawn, and utiliy locates have occurred on the City right of way. Credit: Joey Coleman

The City of Hamilton has disclosed property standards and building code orders in the past. The City did not disclose its application to the Superior Court, nor did it disclose the issuing of this second Emergency Order.

Through his legal counsel, Leonetti declined to comment outside the courthouse on Wednesday.

Mayor Horwath’s office has declined to answer questions regarding the matter. Horwath quickly left the Council Chamber at the conclusion of Wednesday’s Council meeting and did not hold her regular media availability.

This publication will be at the Superior Court civil filings counter upon opening on Monday morning to determine if the City has filed a new urgent injunction application.

Related:

Judge Invalidates City’s Emergency Demolition Order for Property Owned by Andrea Horwath
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Published: December 13, 2025
Last updated: December 13, 2025
Author: Joey Coleman

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    1. There is history to this matter which was not included in the City’s original Superior Court filing.

      My coverage is focused on the municipal action in these circumstances. I will update if the expected Superior Court filing includes more information compared to the first instance.

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