Hamilton Mayor Files Lawsuit Against City and Former Partner Over Property Dispute
Hamilton Mayor Andrea Horwath has initiated legal proceedings against both the City of Hamilton and her former common-law partner, Ben Leonetti, in a complex effort to secure the demolition of a deteriorating property she owns. The mayor faces a city-ordered deadline of May 1 to complete necessary repairs on the West Avenue North residence, but contends that Leonetti's continued occupation and alleged obstruction have prevented compliance.
Legal Battle Over Ownership and Occupancy Status
The unusual legal situation stems from conflicting claims about the property's ownership status. While Mayor Horwath remains the registered owner of the home, Leonetti asserts an "ownership interest" through separate family court proceedings, according to his lawyer Raymond Di Gregorio. This claim has complicated what would typically be a straightforward landlord-tenant dispute, preventing the matter from being handled through the standard Landlord and Tenant Board process.
"If he's an owner, then he's not a tenant," Di Gregorio explained during recent proceedings at the Ontario Superior Court of Justice. This legal distinction has forced the mayor to pursue more complex court action to resolve the impasse.
Safety Concerns Prompt Urgent Action
The property at the center of this dispute has been deemed structurally unsound by engineering experts. According to court documents, engineer J.P. Campana expressed "significant concerns over the potential for a collapse of the property's roof structure with any significant snowfall" and emphasized "the need for the property to be vacated immediately and demolished."
Last December, Hamilton's chief building official, Robert Lalli, issued an order requiring Horwath to "immediately undertake emergency repairs or to demolish the property." The mayor's legal team has indicated that necessary work would require at least a month to complete, creating a tight timeline given the May 1 deadline.
Longstanding Personal History Complicates Matters
The dispute involves deeply personal history between the parties. Horwath and Leonetti were in a relationship from 1986 until their separation on January 1, 2010, and share a son together. According to court documents, the couple met while Horwath worked as a waitress in a Hamilton bar to fund her labor studies degree at McMaster University, while Leonetti worked as a DJ and jazz musician.
Following their separation, Horwath provided Leonetti with a unit in the building where he has remained as the sole occupant. However, court documents allege that "Mr. Leonetti has been obstructing access to the property since ... October of 2018," preventing necessary repairs and maintenance.
Multiple Legal Proceedings Underway
The situation has spawned multiple legal actions. In addition to Horwath's application to the Ontario Superior Court of Justice, Chief Building Official Lalli has filed a separate court application seeking to have the building vacated entirely. This application targets both Horwath and Leonetti in an effort to address what officials describe as an urgent public safety concern.
As of the latest court proceedings, Leonetti has not filed a formal defence in the case. The legal battle continues as the city's repair deadline approaches, with the mayor's lawyer James A. Brown noting that workers would need substantial time to address the property's condition once access is secured.
The case represents a rare instance where a municipal leader finds herself simultaneously subject to city enforcement actions while pursuing legal remedies against both the municipality and a former partner. The outcome could set important precedents for property disputes involving complex ownership claims and municipal safety regulations.
