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Ajax Kingston Road Demolition Order Upheld for Partial Buildings

by Tony Slavin in News , Real Estate
ajax kingston road demolition order upheld case

A major legal decision has been made regarding the long-standing dispute over partially constructed buildings in Ajax, as the Ajax Kingston Road demolition order upheld for partial buildings ruling brings an end to years of uncertainty. The Ontario Divisional Court has confirmed that the unfinished structures located at Kingston Road West and Church Street South must be demolished, reinforcing municipal authority over planning and development regulations.

The case dates back to 2021 when construction began on what was intended to be a mixed-use development project. Initially, the Town of Ajax issued a conditional permit allowing the developer, First Avenue, to proceed with construction. However, municipal officials later determined that the work being carried out exceeded the scope permitted under the approval. As a result, a stop-work order was issued, halting further progress on the site.

Since then, the partially completed buildings have remained in place for nearly five years, becoming a visible reminder of the ongoing legal and planning dispute. The situation led to a prolonged back-and-forth between the Town of Ajax and the developer, involving multiple legal proceedings and appeals.

In September 2025, a judge initially ordered the demolition of the structures, citing non-compliance with municipal regulations. First Avenue subsequently appealed the decision, hoping to continue the project and bring additional rental housing to the area. However, on March 26, 2026, the Ontario Divisional Court dismissed the appeal, officially upholding the demolition order.

As part of the ruling, the developer has also been ordered to pay $30,000 in legal costs to the Town of Ajax. The court’s decision marks a significant victory for the municipality, which has consistently maintained that the development did not comply with approved plans and posed concerns related to safety, planning integrity, and environmental standards.

Ajax Mayor Shaun Collier welcomed the decision, stating that it reinforces the importance of adhering to rules designed to protect communities. He emphasized that the municipality remained committed throughout the lengthy legal battle to ensure that planning regulations are respected and that developments align with approved guidelines.

“This decision reinforces what our community has been saying for years,” Collier noted. “The rules that protect our neighbourhoods, our safety, and our environment must be respected.”

Despite the ruling, the developer expressed disappointment, stating that they had worked diligently to meet provincial standards and continue discussions with the Ministry of the Environment, Conservation and Parks. The company argued that the project aimed to address housing needs in Ajax but was unable to proceed due to regulatory challenges.

With the appeal now dismissed, the Town of Ajax is expected to move forward with enforcing the demolition order. Municipal officials have indicated they will take the necessary steps to ensure the structures are removed and the site is brought into compliance.

The Ajax Kingston Road demolition order upheld for partial buildings case highlights the complexities of urban development, balancing the need for new housing with strict adherence to planning regulations. It also underscores the role of municipalities in protecting community standards and ensuring that development projects follow approved processes.

As demolition preparations begin, residents can expect progress on resolving an issue that has remained visible and unresolved for several years in the heart of Ajax.

Reported by

Tony Slavin

Tony Slavin is a Durham Region real estate broker and commercial REALTOR®, licensed since 1988, with more than 35 years of commercial real estate experience. He is also a licensed Ontario Mortgage Agent who brings nearly five decades of lending, credit, investment, and brokerage leadership to his market analysis.

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