The Thunder Bay District Health Unit (TBDHU) is taking the owner of a seniors’ apartment building to court “as a last resort”, saying he failed to address dozens of health code violations.
Abby Mackie, a public health inspector with the TBDHU, said the health unit issued compliance orders to SMS Property Trust Inc. on July 8 and July 29 after receiving complaints about excessive heat, overflowing garbage, and bed bugs at Vickers Manor.
“An order is kind of a last resort for us. We prefer to use education and co-operating with ownership to resolve or mitigate any kind of health hazards,” Mackie said. “In this case, we just weren’t getting a response.”
Vickers Manor, formerly known as McKellar Place, offers independent living facilities for seniors, as well as a dozen assisted living units managed by Brain Injury Services of Northern Ontario.
The property, located on 325 Archibald St. S. on the city’s south side, is currently for sale for $1 after being listed for $18.9 million earlier this year.
In addition to health code violations, the owner faces dozens of fire code violations. Earlier this summer, several unpaid bills nearly resulted in utilities being shut off, and after hot meals stopped being served, volunteers started a crowdfunding campaign to bring provide food to the residents.
SMS Property Trust Inc., owned by Ongrasothy Masillamany of Markham, faces 36 offences under the Health Protection and Promotion Act related to excessive heat in the building, according to documents CBC News obtained from the Ontario Court of Justice through Thunder Bay’s Provincial Offences Office.
“We did issue a summons for the owner to appear in court on the July 8 order, and a second summons will be forthcoming next week on the July 29 order,” said Mackie.
A justice of the peace will make a ruling and assign a fine if Masillamany is found guilty, he explained.
Masillamany is scheduled to appear in the Provincial Offences Court by video conference on Nov. 25.
CBC News reached out to the management of Vickers Manor by phone and email multiple times and did not receive a response.
Mackie said it’s “very rare” for the health unit to go through the courts to seek compliance.
“Unfortunately with this ownership, it’s been very difficult because they’re just not responding,” he said.
“I guess if I had any hope, it would be that maybe new ownership comes in, someone that’s committed to providing a safe living environment for these tenants.”
MPP calls on province to investigate
A spokesperson for the City of Thunder Bay provided an emailed statement Friday, saying the Municipal Emergency Control Group is continuing to monitor the situation at Vickers Manor, in case service disruptions put tenants at risk.
It’s also engaging with community partners “to help connect residents with available services and supports,” and is sharing information with tenants about alternative housing options in town.
Thunder Bay—Superior North NDP MPP Lise Vaugeois says conditions at Vickers Manor are unacceptable. She wrote a letter to Ontario’s Minister of Municipal Affairs and Housing Rob Flack on Aug. 4 and says she hasn’t heard back from him.
Among other things, she’s advocating for Ontario’s Rental Housing Enforcement Unit to investigate the owner’s compliance with the Residential Tenancies Act.
“They ought to be there seeing what’s going on and putting the squeeze on the owners to fulfil their obligations,” Vaugeois said.
“Now, does that put people at more risk of being pushed out if they start getting more fines? You know, that’s a strategic question that has to be asked, but those authorities need to be there.”
CBC News has reached out to Flack’s office and is awaiting a reply. Meanwhile, a spokesperson for Thunder Bay—Atikokan PC MPP Kevin Holland says his office is drafting a response.
Vaugeois said she also wants the province to “ensure that no resident is displaced without an individualized and properly funded plan providing appropriate, accessible and affordable housing.”
‘We don’t wanna go anywhere’
Sharon Zoschke moved to Thunder Bay from Ottawa four years ago and quickly became enamoured with the city’s south side, known as Fort William.
“I would see Mount McKay and it was calling me home and I just loved it,” she said.
She’s lived at Vickers Manor for 16 months. Earlier this summer temperatures in her unit reached 32 C, she said, adding that she does not have a window that opens.
Still, she loves the building and learning about its history, being the former McKellar General Hospital, and has made many friends there.
“Having faith really matters, even when things look bleak”– Sharon Zoschke, resident at Vickers Manor
That sense of community has kept her in place, despite the fact that many tenants have left over fears of eviction or utility disconnections.
“We don’t wanna go anywhere. We’re hoping it’ll all work out,” she said.
She said she wants more information provided to tenants about service changes and the building’s potential sale.
“I think if we had been kept informed, fewer people would have moved out,” Zoschke said.
In the meantime, Zoschke is keeping her spirits up, and said she wants the community to respect the tenants at Vickers Manor rather than pity them.
“Having faith really matters, even when things look bleak.”
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