Andrea Horwath’s efforts to remove her ex-partner Ben Leonetti from the home they once shared at 76 West Avenue North has reached another legal dead-end.
Justice Michael J. Valente denied an application by Horwath seeking a permanent injunction prohibiting Leonetti from continuing to reside in the property under the terms of their 2010 separation agreement, so that Horwath could demolish it to comply with a City of Hamilton order requiring repair of the home.
In a decision read from the bench this afternoon (May 4, 2026), Justice Valente stated the outstanding family law litigation between the two former common-law partners must first resolve the merits of Leonetti’s claims that he should have an ownership interest in their former matrimonial home.
The home is solely registered to Horwath.
“I am unable to determine the ownership rights and interests,” Justice Valente said, based on the record before him. “That must be decided by the family branch of the Superior Court.”
As the registered owner of the property, Horwath is subject to a January 21, 2026, property standards order requiring her to stabilize the structure including addressing a bowing roof, cracked foundation walls, spalling brickwork, disconnected downspouts, extensive multi-level interior water damage, and non-compliant basement flooring.
Horwath was required to comply with the order by May 1st. She did not appeal the order.
Today’s decision was the latest chapter in what has become one of the most complex property standards cases in Hamilton’s history.
The City’s involvement began in late November 2025 when an engineer hired by Horwath stated the property was at imminent risk of collapse. Days later, on December 3, Hamilton’s Chief Building Official issued an Emergency Order mandating immediate demolition. On December 10, Justice John Krawchenko invalidated that order, ruling that the City failed to conduct an independent inspection. The City subsequently retained independent firm Element Forensic Engineering, issued a new Emergency Order on December 12, and conducted emergency repairs in the days leading up to Christmas.
On December 23, the City sought an injunction requiring Leonetti to stop interfering with repairs. During the same court hearing, Horwath sought Leonetti’s removal from the property. This prompted Justice Valente to state, “I’m not doing it today, especially on December 23rd. It’s not going to happen.”
Following the completion of the emergency repairs, the City issued the current property standards order on January 21. Horwath did not appeal that order, instead filing the court action that was dismissed today.
Family Court Must Determine Ownership Rights First
In her application, Horwath advanced the argument that she could avail herself of a court order under the Building Code Act (BCA) Section 38 to remove Leonetti in order to comply with the City’s property standards order because municipal property standards powers derive from the BCA.
The BCA states the Chief Building Official of a municipality may seek a court order to remove people from a property to gain compliance with an order. Horwath’s lawyer James Brown argued that in doing so, the Legislative Assembly created an avenue for property owners facing compliance orders to seek a similar order.
Justice Valente said, “the answer is no,” to this argument, “no matter what contextual or purposive interpretation the applicant may wish to apply.”
“The applicant is not the Chief Building Official for the City of Hamilton,” the Justice continued, explaining such a “distorted interpretation” could permit Leonetti to similarly seek court orders against Horwath to effect the repairs, and this “clearly” could not be the legislative intent.
Horwath has put “the cart before the horse in her submission,” Justice Valente said. The matter of ownership rights and interests in the property “must be decided by the family branch of the Superior Court.”
According to Horwath’s filing, she expected to encounter costs of at least $131,000 to comply with the repair order, with potential costs exceeding the property’s $300,000 valuation estimate—expenses that could surpass the home’s value. She wishes to demolish the home at an estimated cost of $30,000.
Justice Valente closed stating, “I would strongly urge the parties to cooperate to facilitate the repair of the property.”
TPR has filed a request to the City of Hamilton regarding the status of the property standards order.
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Published: May 4, 2026
Last updated: May 4, 2026
Author: Joey Coleman
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