The Thunder Bay District Health Unit (TBDHU) has resorted to legal action against the owner of a seniors’ apartment complex, citing his failure to rectify numerous health code infractions.
According to Abby Mackie, a public health inspector at TBDHU, compliance orders were issued to SMS Property Trust Inc. on July 8 and July 29 following complaints regarding excessive heat, overflowing trash, and bedbug infestations at Vickers Manor.
“Issuing an order is essentially our last option. We generally prefer to resolve or mitigate health risks through education and collaboration with property ownership,” Mackie noted. “However, in this instance, we received no response.”
Vickers Manor, previously known as McKellar Place, provides independent living units for seniors, alongside a dozen assisted living units operated by Brain Injury Services of Northern Ontario.
This property, situated at 325 Archibald St. S. in the southern part of the city, is currently listed for sale at $1 after being initially offered at $18.9 million earlier this year.
Beyond health code violations, the owner is also facing numerous fire code violations. This past summer, several unpaid bills almost led to utility disconnections, prompting volunteers to initiate a crowdfunding campaign to ensure residents received food after hot meal services were halted.
Garbage is seen on the ground surrounding the waste disposal bins outside Vickers Manor in Thunder Bay on Friday afternoon. (Sarah Law/CBC)
SMS Property Trust Inc., owned by Ongrasothy Masillamany from Markham, faces 36 charges under the Health Protection and Promotion Act concerning excessive heat conditions within the building, as detailed in documents obtained by CBC News from the Ontario Court of Justice via Thunder Bay’s Provincial Offences Office.
“We have issued a summons for the owner to appear in court regarding the July 8 order, and a second summons will be sent next week for the July 29 order,” Mackie stated.
A justice of the peace will decide the case and impose a fine if Masillamany is found liable, according to Mackie.
Masillamany is expected to attend the Provincial Offences Court via video conference on November 25.
Vickers Manor is a six-storey building at 325 Archibald St. S. on the city’s south side. It includes 109 residential units and 10 commercial units. (Sarah Law/CBC)
CBC News attempted to contact Vickers Manor’s management via phone and email several times but did not receive any replies.
Mackie remarked that it is “very uncommon” for the health unit to pursue legal action to achieve compliance.
“Unfortunately, this ownership has proven challenging due to their lack of responsiveness,” he added.
“My hope would be that new ownership emerges, someone dedicated to creating a safe living environment for the residents.”
MPP calls on province to investigate
A representative for the City of Thunder Bay released a statement on Friday, indicating that the Municipal Emergency Control Group continues to monitor the situation at Vickers Manor to ensure tenant safety amidst potential service disruptions.
The city is also collaborating with community partners to “connect residents with available services and support,” while providing information regarding alternative housing options within the community.
Lise Vaugeois, NDP MPP of Thunder Bay—Superior North, says conditions at Vickers Manor are unacceptable. (Marc Doucette/CBC)
Thunder Bay—Superior North NDP MPP Lise Vaugeois expressed that the conditions at Vickers Manor are intolerable. She sent a letter to Ontario’s Minister of Municipal Affairs and Housing, Rob Flack, on August 4, and has yet to receive a response.
Among other points, she is calling for the Ontario Rental Housing Enforcement Unit to investigate the owner’s adherence to the Residential Tenancies Act.
“They should be present to observe what’s happening and press the owners to meet their responsibilities,” Vaugeois stated.
“However, does this put residents at greater risk of being forced out if fines increase? That’s a strategic concern that needs to be addressed, but those authorities must be involved.”
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CBC News has also contacted Flack’s office and is awaiting a response. On Tuesday morning, Thunder Bay—Atikokan PC MPP Kevin Holland provided a statement via email.
“We acknowledge that many residents are seniors with potentially complex needs, and we are working closely with relevant ministries and local partners to identify available support. The safety and welfare of the residents remains our top priority,” Holland stated.
“We are in ongoing communication with the Ministry for Seniors and Accessibility, the Ministry of Municipal Affairs and Housing, the City of Thunder Bay, and other community partners to ensure that suitable support measures are being explored and that residents are linked with necessary services.”
Vaugeois stressed the importance of the province ensuring that “no resident is displaced without a personalized and adequately funded plan that provides appropriate, accessible, and affordable housing.”
‘We don’t wanna go anywhere’
Sharon Zoschke relocated to Thunder Bay from Ottawa four years ago and quickly fell in love with the Fort William area on the city’s south side.
“I would gaze at Mount McKay, and it felt like home calling me. I just loved it,” she recalled.
Vickers Manor resident Sharon Zoschke moved to Thunder Bay from Ottawa four years ago. (Sarah Law/CBC)
She has resided at Vickers Manor for 16 months and mentioned that temperatures in her unit soared to 32 C earlier this summer, noting that she lacks a window that opens.
Despite these conditions, she cherishes the building’s history, having once served as McKellar General Hospital, and has formed many friendships there.
“Having faith really matters, even when things look bleak”Sharon Zoschke, resident at Vickers Manor
This sense of community has encouraged her to remain, even as many tenants have departed due to fears of eviction or service interruptions.
“We don’t want to leave. We’re hoping for a resolution,” she expressed.
Zoschke indicated that she desires more communication regarding service updates and the potential sale of the building.
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“I believe that if we had been kept informed, fewer residents would have chosen to leave,” Zoschke remarked.
In the meantime, she is maintaining her optimism and hopes the community will show respect toward the tenants of Vickers Manor rather than pity them.
“Having faith is crucial, even when circumstances appear dire.”