Emergency repair and stabilization work at a property owned by Mayor Andrea Horwath will proceed before Christmas Day following an order by Superior Court Justice Michael J. Valente. The order requires Horwath’s ex-common law partner, Ben Leonetti, to not interfere with the work.

In an endorsement order from the bench on Tuesday, Justice Valente instructed Leonetti to not interfere with efforts of City of Hamilton Chief Building Official Robert Lalli to complete the removal of an unsafe back deck, make safe the front porch area, and the front steps leading to the semi-detached home at 76 West Avenue North.

During Tuesday’s hearing, Justice Valente received assurances from the City of Hamilton’s lawyer, Brian Chung of Aird & Berlis LLP, that the City will not seek to remove Leonetti from the home. Chung confirmed that the City of Hamilton has changed its position on the matter and is no longer seeking to remove him from the home.

Chung stated City-hired contractors require eight hours to complete remaining emergency work.

According to a sworn affidavit by CBO Lalli, the City’s contractors were able to install temporary measures to repair the exposed sewage pipe and install temporary shoring for the load bearing basement walls before Leonetti interfered with work.

A Provincial Offences Act ticket issued by the City of Hamilton against Ben Leonetti for interfering with emergency contractors. Credit: Court Exhibit

Leonetti’s Interference with City Contractors

Lalli wrote that Leonetti was “putting himself in harm’s way by standing in hazardous areas where demolition was to occur,” engaged in “incessant verbal attacks towards workers on the site,” and kicked a piece of plywood “which struck a worker in the head and a second in the arm.”

Leonetti stated the City was engaged in the destruction of his home and he was attempting to stop them from demolishing the deck and porch that he claimed only needed minor repairs.

Justice Valente noted that three separate engineers had determined them to be unsafe. “This is an emergency situation in [Lalli’s] determination and the determination of two professional engineers that have been brought into the property several times,” Justice Valente said.

Regarding the plywood kicking incident, Leonetti denied it occurred, noting that he is a man in his 70s.

Justice Valente eventually received a promise from Leonetti that he will not interfere with the work, cautioning him to “not have a change of heart” and to “obey the order” and not interfere with the work, adding that if he interferes, the City is authorized by the Court to seek the assistance of the police and sheriff.

Horwath Objects to Repairs, Sought Immediate Eviction and Demolition

Horwath’s lawyer James Brown opposed the City’s motion, instead asking the Court to immediately remove Leonetti and permit Horwath to demolish the house. He said stabilizing the home creates “severe prejudice” for her because “it’s a lot more expensive to repair” than to demolish.

“When the City uses their contractors, they put that on her taxes. That’s severe prejudice to her,” Brown said. “She should be able to comply with the law and do it in a cost-effective way.”

Justice Valente asked, “Why didn’t Ms. Horwath [make repairs] prior to now?”

Brown stated Leonetti interfered with past attempts to enter the home and effect repairs. Justice Valente responded, “I don’t have any material to that point,” emphasising that only the City’s urgent motion was before the Court this day.

Brown argued that Horwath is the sole owner of the property, that Leonetti’s claims of a construction trust are without merit, and she shouldn’t have to bear the added costs of emergency contractors hired by the City.

He repeatedly argued Leonetti should be removed from the property.

Justice Valente firmly interjected, “I’m telling you Mr. Brown, I’m not prepared to evict Mr. Leonetti without a full hearing and full record before the Court.”

“I’m not doing it today, especially on December 23rd. It’s not going to happen.”

Judge Keeps Civil Suit Separate

Justice Valente stated that if Horwath wishes to remove Leonetti via a Superior Court order, she will have to reschedule a hearing separate from the City of Hamilton’s emergency motion. He noted that he expects such a motion will result in a “lengthy” hearing.

The Court Documents and Related Source Materials

Brown stated his client will have to decide if she wishes to proceed with that motion.

In a statement of claim filed on November 26, 2025, Horwath alleges Leonetti has violated their 2010 common-law separation agreement by denying her access to the property to conduct routine maintenance, and that Leonetti has caused extensive damage to the home.

Horwath’s statement of claim says the separation agreement granted Leonetti “exclusive possession and tenancy” of the upper level residential unit at an agreed rental amount of $450 per month. Horwath agreed to provide spousal support of $2,500 per month.

The agreement requires Leonetti to take reasonable care of the property, and to inform Horwath of any required repairs.

The statement of claim states that Leonetti denied access to the property in or about October 2018, and that the Landlord-Tenant Board ruled on October 15, 2018 that he had interfered with Horwath’s lawful right of access as the owner and landlord.

“[Leonetti] defendant subsequently engaged in a pattern of harassment, resulting in criminal charges being laid against him and the issuance of a no-contact order (to the benefit of [Horwath]) in November 2018,” the claim states.

Horwath is seeking $300,000 in damages for negligence and breach of contract, and $1,000,000 for punitive, aggravated, and exemplary damages.

On Tuesday, Justice Valente noted the statement of claim can be amended to reflect the additional costs the City will add to Horwath’s property tax bill.

A City of Hamitlon building inspector vehicle across from 76 West Avenue North. The building is owned by Andrea Horwath, it is occupied by her ex-common law partner. In after-hours actions, the City has ordered the occupant to leave and the building demolished.
A second emergency order was issued, after the Superior Court ruled the first to be invalid. Credit: Joey Coleman

Independent Engineer Determined House Could be Stabilized

Tuesday’s hearing was the second Building Code Act Emergency Order filing by the City of Hamilton in recent weeks.

On December 3, CBO Lalli declared the home at 76 West Avenue North to be at imminent risk of collapse, and ordered Leonetti to immediately vacate the building. When Leonetti refused, the City of Hamilton filed an urgent motion seeking a Superior Court order directing the Hamilton Police Service to remove him from the structure to permit its immediate demolition.

Instead, on December 10, Justice John Krawchenko ruled the City of Hamilton failed to follow the Building Code Act’s requirement for an independent assessment and declared the first Emergency Order “invalid” because the City solely relied upon an engineering report commissioned by Horwath as part of her litigation against Leonetti.

Following this decision, CBO Lalli commissioned a City-initiated engineering report.

The second independent report found the same defects and structural collapse risks in the lower level of the home, confirmed the risks posed by the unsupported back deck, risks regarding the front porch, and the poor condition of the roof.

“Based on the information available during our assessment, select structural and building components posed a potential and immediate danger to the occupant and the public. We recommend installing emergency measures and performing select demolition and or removals until further assessment of the concealed building components can be evaluated for potential reuse and/or repair,” reads the report by Element Forensic Engineering.

This report recommended repairs be made; in contrast, Horwath’s engineer had recommended immediate evacuation and demolition.

Following this second report, CBO Lalli issued a new Emergency Order on December 12 requiring the home be repaired or demolished. Leonetti refused to vacate, and the City initiated emergency repairs.

Repairs are ongoing, with the City of Hamilton telling the Court on Tuesday that it expects to finish the immediate work on Wednesday.

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. The first order was invalidated by the Superior Court. Credit: Joey Coleman

Next Steps

With the immediate danger resolved, the City of Hamilton should begin following its usual property standards procedures that should include an order requiring the landlord, in this case Horwath, to bring the property up to rental standards.

The City is required under the Building Code Act to return to the Superior Court to have the second Emergency Order of December 12 confirmed by the Court.

Horwath’s lawyer indicated she may, or may not, file a request to the Court for an order evicting Leonetti from the home. She can also seek relief at the Landlord-Tenant Board.

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Published: December 24, 2025
Last updated: December 24, 2025
Author: Joey Coleman

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