Hamilton Mayor Andrea Horwath’s legal action against her ex-common law partner Ben Leonetti, seeking his eviction from a dilapidated home at 76 West Avenue North that was once their common-law home, is now scheduled for a hearing beginning the week of April 20.
In a brief appearance before Superior Court Justice John Krawchenko on Tuesday morning, a timeline was set for legal submissions, cross-examinations, and oral arguments in the matter.
The hearing will be scheduled for the week of April 20 as a lengthy application. Leonetti’s lawyer will file his response submissions to Horwath’s application by March 11, and cross-examinations between the parties are to be completed by March 26.
Horwath’s lawyer, James Brown, moved to withdraw the City of Hamilton from the proceedings. Brown stated Horwath will not be challenging the merits of the City’s property standards order. Her legal arguments will focus on the costs of repairing and restoring the property, which is estimated to be at least $131,000, and the findings of engineering and contractors’ reports which indicate damages to the dwelling are the result of neglect and negligence by Leonetti.
Brown indicated Horwath is not pursuing an appeal to the City of Hamilton’s Property Standards Committee to seek an extension to the May 1, 2026, deadline for repairs to the unit as set by the City’s January 21, 2026, property standards order.
The City of Hamilton was represented by an outside lawyer, Codie Mitchell, of Aird & Berlis. Both Horwath and the City sought to amend her application to remove the City from the suit.
Justice Krawchenko instructed the parties, including Leonetti’s lawyer, to determine if the City can be removed as a party during their negotiations and discussions leading up to the week of April 20.
During discussion of scheduling and Horwath’s request for the earliest possible date due to the May 1 property order deadline, Leonetti’s lawyer Raymond Di Gregorio stated the City could presumably extend the deadline if required to permit time for the Superior Court hearing to occur.
Brown responded that he did not know if the City is able to extend the deadline, and this poses a problem for Horwath.
The City of Hamilton’s process for deadline extensions is an appeal to the Property Standards Committee; however, the City does not permit extensions on beginning repairs. This is an ongoing issue for the City in landlord-tenant disputes, especially where tenants facing eviction are alleged to have caused the damages.
Horwath and Leonetti had a 25-year common-law relationship, which ended in 2010.
According to a 2010 separation agreement, Leonetti was permitted to reside in the home on the condition that he maintain the property and allow Horwath access for repairs.
Horwath is the sole owner on title for the property. Leonetti began denying her entry to inspect the property in 2018, leading to a Landlord and Tenant Board (LTB) ruling that October confirming he had interfered with her lawful right of access as the landlord. Shortly after, in November 2018, Leonetti was charged with criminal harassment, resulting in a no-contact order.
In November 2025, Horwath filed a civil suit against Leonetti seeking $1.3-million in damages, alleging his negligence led to the dwelling’s severe deterioration.
As part of that suit, Horwath commissioned a private engineering report. That report claimed the dwelling was at imminent risk of collapse. The City of Hamilton’s Chief Building Official, solely based on that report, issued an Emergency Order during the Building Code Act that ordered Leonetti to immediately vacate to permit emergency demolition.
On December 10, Justice Krawchenko invalidated that order, ruling the City had failed to conduct its own independent inspection as required by the Building Code Act. A subsequent City-led inspection found that while the house required urgent stabilization, it could be repaired. During the December emergency stabilization work undertaken by the City, Leonetti was found to be interfering.
Justice Michael J. Valente issued an injunction on December 23, ordering Leonetti not to interfere with City-hired contractors following reports of physical and verbal confrontations at the site.
The City has billed the cost of the contractors to Horwath as the property owner.
Following the January 21, 2026, property standard’s order, Horwath launched the legal action that was heard today. She argued the mandated repairs would cost at least $131,000, and are “extremely prejudicial” to her financial interests., while demolition would cost approximately $30,000.
In her affidavit, Horwath argued the May 1 repair deadline creates an impossible financial and legal burden if Leonetti remains in the home.
Court Documents and Related Materials
- February 20, 2026:
Andrea Horwath’s Notice of Application to the Superior Court against Ben Leonetti and the City of Hamilton. - February 13, 2026:
Affidavit of Andrea Horwath - January 21, 2026: City of Hamilton Property Standards Order for 76 West Avenue North
- December 22, 2025: Application Record, Robert Lalli, in his capacity as Chief Building Official of the City of Hamilton.
- December 22, 2025: Affidavit of Service, City of Hamilton.
- December 22, 2025:
Notice of Application, Robert Lalli, in his capacity as Chief Building Official of the City of Hamilton. - December 22, 2025:
Factum, Robert Lalli, in his capacity as Chief Building Official of the City of Hamilton. - December 12, 2025: Element Forensic Engineering Report regarding structural integrity of 76 West Avenue North. (Independent Engineer’s report)
- December 5, 2025:
Notice of Application, Robert Lalli, in his capacity as Chief Building Official of the City of Hamilton. - December 5, 2025: Application Record, Robert Lalli, in his capacity as Chief Building Official of the City of Hamilton.
- December 5, 2025: Factum, Robert Lalli, in his capacity as Chief Building Official of the City of Hamilton.
- November 28, 2025: Kalos Engineering Inc Report regarding structural integrity of 76 West Avenue North. (Horwath Report)
- November 26, 2025: Horwath’s civil litigation Statement of Claim against Leonetti.
Replay: Hearing Live Posts on Bluesky
The following are the liveposts published by Joey Coleman during the hearing. (Note: they have been lightly edited for typos, removal of hashtags, and additional background links)
10:30 AM: Good morning everyone, I’m watching the Ontario Superior Court via Zoom this morning. There are many matters before Horwath v. Leonetti & City of Hamilton. The motions judge today is Justice John Krawchenko, who is the same judge who dealt with the Dec 8 to 10 emergency hearings.
10:36 AM: The Horwath matter is now before the Court. Lawyers are: James Brown for Horwath, Raymond Di Gregorio for Leonetti, Codie Mitchell, outside lawyer [Aird Berlis], for the City of Hamilton. Justice Krawchenko opens by saying the matter will not be heard today, due to lack of docs submitted.
10:36 AM: Justice Krawchenko says the Court will discuss a timetable for the matter, submissions, etc. Brown says Horwath is prepared to “release the City of Hamilton” from the litigation, provided the Court has an understanding of the Property Standards Order.
10:47 AM: Brown seeks a respondent deadline of March 10, and a hearing on March 12. Leonetti’s lawyer Di Gregorio indicates he will need to cross-examine on the issues. Justice Krawchenko says time for this needs to be in the timeline schedules.
10:47 AM: Deadline for responding materials for March 11. Cross-examinations by March 26. Case books by April 10. Matter to be heard, as a long application, week of April 20.
10:47 AM: Discussion regarding the May 1st City of Hamilton Property Standards compliance deadline. Horwath’s lawyer says he is not sure if the deadline can be extended. [It can be, the usual process is an appeal to the City’s Property Standard’s Committee. This has been bypassed to the Superior Court]
10:47 AM: There were at least a dozen observers in the Zoom, whose names are people I know are interested in the Horwath matter. #yhmcc
10:47 AM: And the timeline is so ordered. That’s the end of the Horwath matter for today.
Production Details
v. 1.0.0
Published: March 3, 2026
Last updated: March 3, 2026
Author: Joey Coleman
Update Record
v. 1.0.0 original version