Thursday, July 31st, 2008 ::: Encroachment

The original version of this post suggested that Strategic Media must have reached an agreement with Fred Dominelli to put the billboard on his property since no billboard company would be stupid enough to put a sign on Mr. Dominelli’s land without his permission. It turns out that according to Dominelli, Strategic Media criminally trespassed on Mr. Dominelli’s property and never had his permission. Daniel Pitoscia of Strategic and Mr. Dominelli met this morning at 10:30am in Mr. Dominelli’s cavernous offices at 153 Dufferin to discuss the matter. We hear the sign is scheduled to be removed at 12:00 noon today. We’ll be there.

“A vote for Fred Dominelli: knowledge, powerful, experience, honest and integrity. That’s what I bring to City Hall.”

-Fred Dominelli, November 1, 2006, All Candidates Debate, Ward 17

869 Queen Street West and Fred “Fernando” Dominelli have quite a history. The location was leased up a few years ago, but no sign was built on this blank wall as Fred wouldn’t give his permission for the encroachment — he owns the 7-Eleven property, formerly home to his service station. Only Strategic Media would be silly enough to put a sign on this wall without Mr. Dominelli’s permission, given the wall’s history.

This party wall was once the subject of a series of legal scuffles that culminated in a Superior Court ruling against Mr. Dominelli. Mr. Dominelli, who is running for Cesar Palacio’s Ward 17 in the next election, obtained a permit to demolish 871 Queen Street West, the property to the west, and in do doing damaged 869 Queen Street West.

The Trial Judge held Mr. Dominelli liable to his neighbour on the basis of nuisance. Prior to the demolition, Pantev and Dominelli were the owners of a common interior wall. The Court held that the common ownership implied a common intention that neither would do anything to detract from the wall’s suitability as an interior common wall. If either demolished his building, he nevertheless had to do whatever was necessary to maintain the wall so that it would be as useful to the other as it had been prior to the demolition. By demolishing his building, Mr. Dominelli turned what had been a common interior wall into an exterior wall for Mr. Pantev’s building. Mr. Dominelli was obliged not only to insure that the wall was waterproof against rain and ground water but also to insulate it. The Trial Judge held that Mr. Dominelli knew or ought to have known that unless he did so, Mr. Pantev would suffer the damages which he suffered. In failing to insulate and waterproof the wall, Mr. Dominelli created a nuisance for which nuisance he was liable in law.

Testifying against Mr. Dominelli was Building Inspector Eli Yunger, reading from his predecessor’s notes in court.

After losing in court, Dominell sought compensation from the City Buildings Department, blaming Eli Yunger’s predecessor for negligence during inspection of the demolition permit. He claimed the demolition was done “to the directions of the city inspectors.” Dominelli obtained a $30,000 award from City Council. This City Council decision, which came in a 10-6 vote, was contrary to the City Solicitor’s advice. The City Solicitor noted that: “If the owner of 871 Queen Street West [Dominelli] wanted to bring an action against the City for contribution, he was required to do so by December 25, 1997. He has not done so and therefore the matter is now statute barred. Furthermore, the Trial Judge was not critical of the conduct of the City inspectors during the demolition. Based on a review of part of the trial transcript provided by the solicitor for 871 Queen Street West, of the evidence of the building inspector at the time of the demolition, there is nothing to suggest that he made any statements upon which the owner of 871 Queen Street West could rely with respect to his obligations vis-a-vis the owner of the adjoining building.”

We know a thing or two about the competence of City of Toronto building inspectors, so we can agree with the City Council decision.

Meanwhile, Mr. Yunger is still the building inspector for the area. He went on to botch the inspection of one of Mr. Dominelli’s Front Street Extension billboards, a sign which is still there, and is still illegal, and will be purchased by the City for full market value if a “nice local road” is built in lieu of the now-killed FSE.

Be that as it may, Mr. Dominelli, a practicing Catholic, would certainly get his reputation smeared by allowing Strategic to operate an illegal sign on his property; Strategic Media, the men that single-handedly made this web site necessary.

What a dumb way to run for City Council. Render therefore unto Caesar the things which are Caesar’s.