Hamilton Mayor Andrea Horwath Sues Ex-Partner Over Run-Down Rental Property
Hamilton Mayor Andrea Horwath has initiated a legal battle involving her own city and former common-law partner, Ben Leonetti, concerning a rental home that is reportedly in danger of collapsing. The case, currently before the Ontario Superior Court, centers on a property at 76 West Ave. N., which has been the subject of multiple city orders for repairs or demolition.
Court Documents Detail Obstruction and Damage Claims
According to court filings obtained by the National Post, Horwath alleges that Leonetti has been obstructing access to the property since October 2018, preventing her from making necessary repairs. The City of Hamilton has ordered the mayor to address the issues by early May, but Horwath contends that Leonetti's actions have thwarted timely fixes. In her claim, she states, "Mr. Leonetti has been obstructing access to the property since ... October of 2018," highlighting the ongoing conflict.
Background of the Property and Tenancy Agreement
Court documents indicate that Horwath is the sole owner of the 125-year-old semi-detached home. After separating from Leonetti in 2010, she granted him "exclusive possession and tenancy" of a unit in the house. As part of their separation agreement, Horwath agreed to pay $2,500 monthly in spousal support, while rent was set at $350, later increased to $450. However, Leonetti's lawyer has argued in a hearing that his client is not a tenant but has made a claim for an "ownership interest" in a separate family court matter.
City Orders and Repair Versus Demolition Debate
In December 2025, Hamilton's chief building official requested "immediate emergency repairs or demolition" of the property, followed by a January 21 order from the city's property standards office requiring Horwath and Leonetti to make repairs. Horwath is seeking to demolish the home, estimating the cost at approximately $30,000, rather than undertake repairs. Repair estimates range from a minimum of $131,000 for external structure work to up to $300,000 for full repairs to meet building codes. Horwath stated in her affidavit, "Repairing the Subject Property will be extremely prejudicial to my financial interests," as reported by The Public Record.
Extensive Damage and Health Concerns
A forensic engineering assessment in December revealed significant issues with the property, including a damaged basement pipe emitting sewer gas, a faltering load-bearing wall, and a compromised deck at risk of sudden collapse. In January, property standards noted a dozen repair needs, such as a roof with visible water damage, broken windows, and a cracked foundation wall. Horwath expressed concerns about Leonetti's well-being, noting in her claim that his physical health "had deteriorated significantly and he frequently presented as paranoid, accusatory and suffering from cognitive decline." She is unsure if he will voluntarily vacate for demolition.
Additional Legal Actions and Damages Sought
In a separate civil suit, Horwath is seeking $300,000 in damages for breaches of their October 31, 2010, separation agreement and $1 million for "punitive, aggravated and exemplary damages." The claim alleges that Leonetti's "conduct was high-handed, outrageous, reckless and wanton," leading to criminal charges and a no-contact order in November 2018. Horwath discovered extensive damage during a court-granted access in December 2023, attributing it to "neglect, intentional conduct, and failure to maintain the property in a reasonable manner." Leonetti's lawyer has not yet filed a defence in either case.
Case Adjournment and Unproven Allegations
The judge has adjourned the case to late April, which may result in Horwath dropping the suit against the city. It is important to note that the allegations have not been proven in court, and the legal proceedings are ongoing. This complex dispute highlights the intersection of personal relationships, property management, and municipal regulations in a high-profile political context.
