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Claim 200,000! Toronto's semi-independent homeowners promised their neighbors to renovate, but they were all demolished!

author:MTO

Toronto 2 pairs of semi-detached neighbors who have lived in a semi-detached house for many years, have always had a good relationship, and finally the relationship deteriorated due to renovation problems and will be about to go to court, and this potential pitfall story of the neighbor's large-scale renovation provides a cautionary tale.

Claim 200,000! Toronto's semi-independent homeowners promised their neighbors to renovate, but they were all demolished!

Mr. and Mrs. Barton (Kathy and Pat Button) and Mr. and Mrs. Severin (Alex and Tata Shifrin) live in two semi-detached houses in Toronto's beach district, which share a wall.

When the retired Bartons embarked on a renovation project, they contacted their neighbors, Mr. and Mrs. Shifflins, hoping to avoid construction conflicts.

On the contrary, the neighborly relations, which had always been friendly, have deteriorated.

"It's the worst nightmare you can imagine when you're living in a semi-detached home," Mr. Shifflin said in an interview with CBC News.

The Shifflins initially supported the neighbors project, which was approved by the City of Toronto in 2022-23.

Claim 200,000! Toronto's semi-independent homeowners promised their neighbors to renovate, but they were all demolished!

Pictured: Mr. and Mrs. Shiffrin

City records show that the renovation work included renovating the Pattons' existing one-story home, building a second floor, rear additions, a new front porch, and a new patio deck with a basement exit.

Shifflin said he provided a letter of support and another letter agreeing to a construction permit after the Pattons agreed to keep them informed and address safety concerns for his three young children, including blocking access during construction.

In August 2022, the Toronto and East York Adjustment Boards approved the Bartons' plan, and seven months later, the City issued a building permit.

But after construction began last fall, the Shifflins said the work went far beyond what they thought they had agreed to, jeopardizing their plans to sell their home and sense of security.

Mrs. Shifflin said she was shocked to come home one day in October 2023 to find most of her neighbor's house demolished.

"What we were persuaded of is very different from what is happening now," Mr. Shiflin said.

"Renovations and additions turned into demolition and excavation."

The Shifflins said neighbors' renovation work caused cracks in the walls and ceiling of their 120-year-old log cabin, and excavation work encroached on their property without their permission, with squirrels and raccoons entering the interior of his home's roof through burrows left during construction.

They hired a structural engineer to conduct a visual inspection and found three large cracks inside the house and suggested that the cracks may have formed during construction.

"The children were afraid to sleep in their bedrooms because the raccoons and squirrels kept making tearing noises," said Mrs. Shifflin.

Claim 200,000! Toronto's semi-independent homeowners promised their neighbors to renovate, but they were all demolished!

The Pattons disputed this, even though the project failed to pass two municipal inspections and violated the permit requirements.

The Pattons said their permit allowed them to partially demolish the existing home and dig 2.5 feet on a neighbor's property to build a new common wall.

Two pairs of neighbors disputed the claims of the project scope change, adding that the neighbors received a public notice and that all relevant documents can be found on the city website.

"The drawings we gave them in September 2020 have never changed. Some of the interior walls have moved a little, but haven't moved since 2022," Mrs. Patton said in an interview.

"It's untrue to say they don't understand."

However, the construction was not without its mistakes: the project failed two separate excavation/support and foundation/foundation inspections in September.

The Pattons admitted that they had removed what was left of the two walls in early October beyond their permits.

The Pattons' structural engineering firm submitted a letter to the city stating that the walls were "not suitable for structural support for the floors above" due to water and termite damage and recommended replacement.

Mrs. Patton said they immediately demolished the walls to prevent them from collapsing over the Thanksgiving long weekend because the weather forecast said there would be rain and wind.

Mrs. Patton said they notified a municipal inspector who was overseeing the work.

"The demolition of these walls is to keep people safe," she said.

Mrs. Patton said her engineer applied for a renewed building permit after the Thanksgiving long weekend, but City Hall, after receiving a complaint, issued an "order to comply" on Oct. 20, stating that "more than 50 percent of the existing façade was demolished," violating the existing permit.

Construction was ordered to stop until proper permits were obtained.

The municipality issued a new permit in March of this year, after which building construction resumed.

A City spokesperson said in an email that Barton's initial permit allowed for demolition and excavation, noting that the only significant design change from the initial permit to the current permit was the removal of more than 50 percent of the existing walls, which led to the project being seen as the construction of a "new home" rather than an extension of an existing one.

The Shifflins, who had separated before construction began, said they planned to sell their home.

In March, the Shiflins filed a statement of claim in the Ontario Superior Court, seeking $200,000 in damages.

They claimed that the demolition and excavation were negligent and without their consent or necessary permits, and they argued that the Bartons had excavated part of their backyard without permission, which was trespassing.

The Pattons have not filed a statement of defense, but they have indicated that they intend to provide evidence in their response to refute the Shifflins' allegations.

Mrs. Patton said "there has never been a safety issue" and they put the safety and well-being of the Severlings' children first.

"We were very friendly until October last year," she said. "At every step, we actually consulted constantly because we weren't builders...... We don't pretend to be either. ”

The conflict is now making its way to court, offering a cautionary tale about the potential pitfalls of extensive renovations near neighborhoods.

Toronto-based real estate attorney Tanya Walker said she is seeing more and more neighborhood disputes in the real estate market.

"Because of Toronto's housing prices, people choose to renovate their homes to continue living in rather than sell and buy new homes," Walker attorney said.

"Or sometimes people have just moved into a new home...... Then a lot of renovation work is done...... This can lead to strained relationships with neighbors. ”

Attorney Walker said she advises clients to resolve neighborhood disputes through mediation or a settlement conference with a judge rather than going to court.

"If you lose or win a lawsuit against your neighbor, it's a little bit harder to live with your neighbor," Walker said.