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Aurora landlord given probation order for illegal cannabis facility

Bylaw-breaking cannabis facility has been a thorn in the sides of residents in the area for several years
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In 2022, the Town of Aurora’s building division laid charges against the building owner of 95 Dunning Ave. and the tenant for operating a marijuana facility, contrary to the town’s zoning bylaws.

An Ontario court has issued a two-year probation order against the landlords of an Aurora industrial property, which housed an illegal cannabis facility for more than two years.

In her Nov. 14 court order, Justice of the Peace Linda DeBartolo convicted 2209640 Ontario Ltd. of operating a medical marijuana production facility out of 95 Dunning Ave., contrary to the town's zoning bylaws. DeBartolo issued a two-year probation order barring 2209640 Ontario Ltd. from using 95 Dunning for a medical marijuana production facility. The order is effective until Nov. 14, 2026.

Mayor Tom Mrakas said in a statement that a representative for the landlord confirmed to the court that a notice of termination was given to the tenant who had been operating the business, and the tenant is taking steps to move out.

The town had initially charged the owner and tenant in 2022 with illegally operating the business against the town’s zoning bylaws and official plan, as this type of operation was not permitted in the mainly residential area.

Mrakas also thanked town legal staff, and acknowledged local residents for raising the issue and the Town Park Ratepayers Association, and thanked them for their patience.

“This legal victory for the town and for residents reaffirms that both our bylaws and official plan cannot be flagrantly ignored, and we will pursue legal action against anyone who flaunts the rules,” Mrakas added. “Zoning bylaws and the official plan are vital instruments we use to ensure land is being used appropriately across Aurora to serve the interest of all community members.”

Mrakas added that town staff will inspect the building at the end of November to “ensure the tenant is no longer operating on the premises.”

Speaking in court in July, Peter Swales, principal paralegal for SW Legal Services PC, who was representing the owner of 95 Dunning, said the tenant in the building had planned to submit paperwork that would allow the business to remain in place.

Previously, i420.club, or the Toronto Cannabis Delivery Club, listed 95 Dunning as one of the locations it used for deliveries. The company has more than 20 locations across the Greater Toronto Area. The website does not appear to still be active.

The parcel of land that includes 95 Dunning is owned by a numbered corporation, 2209640 Ontario Ltd., according to the Ontario Land Registry.

A Ministry of Public and Business Service Delivery profile report states that the director of 2209640 Ontario Ltd., located at 3200 Lloydtown-Aurora Rd. in King, is Victor W. Priestly. The Priestly Demolition Inc. head office operates from that same address. 

AuroraToday reached out to Swales and Priestly for comment but did not hear back by the time of publication.