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'Move it': Illegal cannabis facility frustrates Aurora residents, town

Despite being charged two years ago by the town for operating against zoning bylaws, it's business as usual for the malodorous Dunning Avenue business
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In 2022, the Town of Aurora laid charges against the building owner and tenant of 95 Dunning Ave. for operating a cannabis facility against zoning bylaws.

A cannabis facility that continues to operate against municipal bylaws has left both the neighbourhood and Town of Aurora frustrated.

In 2022, the town charged the owner and tenant of 95 Dunning Ave. for illegally operating the business against zoning bylaws in the block-long facility in the mostly residential downtown neighbourhood, according to Doug Nadorozny, chief administrative officer for the Town of Aurora.

Currently, the property is zoned for use as general employment lands, while the town's official plan designates these lands as general industrial, Nadorozny added in a statement.

John Hartman, vice-president of the Town Park Area Residents Ratepayers Association, said the odour-emitting business has been a consistent concern in recent years.

“Our position is move it. Put it some place where it does meet the official plan. Put it out near Highway 404 or some other facility, because it shouldn’t be in the middle of a residential area.”

Hartman said residents have been frustrated by the seeming lack of action taken by the town.

A court date had been set for June 17, but the owner's request for adjournment was granted, pushing the next court date to July 18, according to the town.

“Our legal team remains committed to pursuing all available avenues to resolve this matter as swiftly as possible,” said Nadorozny.

“The owner and tenant have claimed they have intentions to submit the necessary planning applications to comply with the town’s zoning bylaw and official plan, yet no substantial progress has been made,” he added.

Council held a closed meeting on July 2, with 95 Dunning on the agenda.

Since the dispute is a bylaw issue, York Regional Police is not involved, according to York Regional Police Const. James Dickson.

“For landlord tenant disputes, the role of the police is to keep the peace,” wrote Dickson in an email.

Councillor Ron Weese said he has heard some residents have moved out of the area due to the smell of cannabis.

“When they ventilate the place, open the place up, the smell goes everywhere in the neighbourhood,” said Councillor Weese.

“People are continually frustrated with three to four years (of) what they see as inaction. When there has been action, it’s just been clogged up by the legal system, and by the objection of the landlord,” said Weese. 

“When that’s explained to them, that doesn’t relieve their frustration because they still have the smell in their backyard.”

Weese expects area residents would be strongly against rezoning if it came before council.

On its website, i420.club, or the Toronto Cannabis Delivery Club, indicates it runs cannabis deliveries out of the location. The company has more than 20 locations across the Greater Toronto area. 

The business declined to comment.

“I have no instructions to speak with media on this file,” stated Peter Swales, principal paralegal for SW Legal Services PC, who is representing the owner of 95 Dunning.

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. 

Priestly did not respond to requests for comment.

The next court date is set for July 18 at 10:30 a.m. in Provincial Offences Court, 17150 Yonge St., in Newmarket.