599 Kingston Road West
Proposed Development:
First Avenue Properties Inc. (First Avenue) has proposed the development of a 5,152 m2 (55,459 ft2) 4-storey residential mixed-use building consisting of 7 ground-level commercial/retail units, 60 residential rental apartment units on the upper 3-storeys, and 74 surface parking spaces on lands located at the southeast corner of Kingston Road West and Church Street South, municipally known as 599 Kingston Road West.
Summary of Activity on the Site:
July 2016, First Avenue filed a site plan application for the proposed development at 599 Kingston Road West. |
599 Kingston Road West was previously the site of an automotive repair facility and as such there is a need for soil remediation and a Record of Site Condition (RSC) to be filed with the Ministry of Environment, Conservation and Parks (MECP) for residential mixed-use development to occur on the site. |
The Environmental Protection Act and the Building Code require that a RSC be filed with the MECP before a change in land use from industrial or commercial to a more sensitive residential use takes place. A RSC accepted by the MECP ensures that a site has been remediated to provincial standards and is deemed safe for residential use. |
July 2021, the site plan application was approved and the Town issued a site servicing permit and conditional foundation building permit to accommodate some development works while the contaminated soil was being removed as part of the site remediation works required to submit a RSC to the MECP. |
October 2021, the Town observed that above-grade construction of a superstructure was happening on the site, which is beyond the scope of the approved conditional foundation permit. |
October 2021, The Town issued First Avenue an Order to Comply and a Stop Work Order for construction on the site that was being carried out beyond the scope of the approved conditional foundation building permit that was issued in July 2021. First Avenue did not comply with the Order to Comply and Stop Work Order. |
November 2021, the Town obtained an Ontario Superior Court of Justice injunction to prohibit further construction. First Avenue ceased further construction. |
January 2022, First Avenue submitted a RSC to the MECP. |
In 2022 the MECP, the Town and First Avenue were in communication regarding deficiencies in the RSC. |
January 2023, the MECP issued a Provincial Officer’s Order (Order Number 1-107338155) to First Avenue requiring various environmental plans/reports and works to be carried out on site. For information on the Provincial Officer’s Order contact York-Durham MECP District Office via phone at 1-800-376-4547 and 905-427-5600, or via email at Environment.YorkDurham@ontario.ca |
First Avenue has undertaken work to address the Provincial Officer’s Order. |
January 2024, the Ministry of the Environment, Conservation and Parks (MECP) advised the Town that First Avenue submitted a Risk Assessment (RA) pre-submission application to MECP. This is a preliminary step that generally outlines the approach being proposed for a RA. . |
| March 2024, MECP provided First Avenue their review comments on the RA pre-submission application. |
The Town continues to address ongoing concerns with First Avenue regarding contamination on the site to ensure that all the environmental impacts and contaminants are mitigated or removed through a full remediation of the site. |
| February 2025, The Town is in the process of scheduling a return to court date to seek a demolition order. We will update this page once a date has been scheduled. |
| February 2025, The court date to seek a demolition order for 599 Kingston Road has been scheduled for May 22, 2025. |
| May 22, 2025,Hearing on the Town’s Section 38 Application took place. At the conclusion of the hearing, the Justice indicated their decision would be taken under reserve. No timeline for the issuance of the decision was provided. |
| September 18, 2025, Justice A. Casullo granted the Town’s application for a demolition order regarding above-ground structures constructed without the benefit of a building permit. For more information, read the statement from the Town of Ajax regarding 599 Kingston. |
| October 24, 2025, First Avenue has appealed the decision of Justice A. Casullo to the Divisional Court. First Avenue will also be seeking a stay of the demolition order pending the appeal. A court date has not been scheduled at this time. The Town will continue to take appropriate steps to deal with this matter and will be working closely with legal counsel to respond to the appeal. |
| January 21, 2026, a Panel of the Divisional Court heard First Avenue’s appeal of the demolition order. The Town responded to the appeal through its legal counsel. No timeline for a decision has been provided. A stay of the demolition order will be in effect pending the Divisional Court’s decision on the appeal. |
| March 26, 2026, the Divisional Court dismissed the appeal and upheld Justice Casullo’s decision granting a demolition order for 599 Kingston Road West. For more information, read the statement from Mayor Shaun Collier regarding 599 Kingston. Link to the Divisional Court’s decision: 2026 ONSC 1846 (CanLII) | 1940475 Ontario Inc. v. The Corporation of the Town of Ajax | CanLII |
Statement from Mayor Shaun Collier regarding 599 Kingston Road West
Today is a significant victory for the Town of Ajax and the residents of Pickering Village.
On March 26, 2026, the Ontario Divisional Court upheld the demolition order for the property at 599 Kingston Road West, dismissing the appeal brought forward by owner First Avenue. This decision reinforces what our community has been saying for years: the rules that protect our neighbourhoods, our safety and our environment must be respected.
The Divisional Court’s ruling upholds the September 18, 2025 decision by Justice A. Casullo of the Superior Court of Justice, which granted the Town’s application for a demolition order regarding the above-ground structures that were built without the benefit of a building permit at the southeast corner of Kingston Road West and Church Street South.
For years, our Town has stood firm. Since 2021, we have worked through every necessary process with First Avenue, the Ministry of the Environment, Conservation and Parks (MECP) and the courts to hold this project accountable. This has not been a quick or easy fight, but we remained committed to defending the interests of our residents and protecting the integrity of our planning and development rules.
Today’s decision sends a clear message: our community will not be ignored, and developments that bypass the law will not be tolerated in Ajax.
With Justice A. Casullo’s decision now confirmed, the Town, working closely with legal counsel, will take appropriate steps to see that the demolition order is implemented.
Thank you to the residents of Pickering Village and across Ajax who stood with us throughout this process. Your voices mattered, and today’s outcome reflects the strength and determination of this community.
For updates on this evolving situation and to read the Divisional Court’s decision, which will be posted tomorrow (March 27), please visit imo.ajax.ca/599kingston.
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