A developer in Toronto is now facing fresh allegations regarding the unlawful removal of trees at a residential site located in the western part of the city.
Modcity has been the subject of multiple similar claims in previous instances, and as of early September, the city was conducting 10 ongoing investigations concerning the firm.
Recently, four additional trees were removed without the necessary permits at a property linked to the company, this time in the Long Branch area of Etobicoke.
The trees in question include one that both the city and local residents had previously worked to preserve. This white fir loomed over a two-bedroom bungalow and had been featured in neighborhood walking tours.
“It represented the ideal tree,” remarked neighbor Sherry McCutcheon.
In its absence, the neighborhood now appears “empty… it’s dull, and it looks very bleak,” she added.
The elimination of the white fir was described as “upsetting” by neighbor Randy McWatters, who recalled when the tree was still shorter than he was. He noted he had observed it “grow and grow” over the span of more than fifty years.
Several years ago, Randy McWatters was involved in a successful neighborhood campaign to save the white fir at 65 Fortieth St. (Sarah MacMillan/CBC)
The case also involves purportedly fraudulent tree removal permits.
This ongoing pattern of alleged misconduct has led to calls for stricter enforcement measures from both city and provincial authorities. Modcity, however, refutes any allegations of misconduct.
Property linked to the developer
The four trees were removed from 65 Fortieth St. on October 24, just one day after the property was sold to a firm led by two of Modcity’s co-founders, Ron Sheinin and Rohan Sadana.
Images obtained by CBC Toronto show apparent removal permits for three trees in the backyard, which were affixed to the property on the day of the tree removals. Although these supposed permits carry the City of Toronto’s letterhead and list the property’s address, the city has confirmed to CBC Toronto that they did not issue these documents.
If these documents are indeed forged, it would constitute a criminal act, according to Amber Morley, the local city councillor.
“This must be thoroughly investigated in accordance with the law,” she stated.
Morley mentioned that her office is collaborating with city departments to consider possible actions. The city has confirmed that it is probing the matter to ascertain whether any bylaws were breached.
A violation could result in prosecution, noted media relations officer Kayla Lewis in a statement sent via email.
City councillor Amber Morley asserts that the potential use of forged permits necessitates ‘full investigation.’ (Sarah MacMillan/CBC)
Sheinin and Sadana did not respond to CBC Toronto’s inquiries, including whether they placed or authorized the posting of fraudulent permits, or if they sanctioned the removal of trees without city consent.
In an email, Sadana expressed that they “strongly dispute” the allegations of misconduct.
Numerous neighbors reported to CBC Toronto that they saw Sheinin and Sadana present at the property during the tree removals. Additionally, a photograph captured on that day shows a vehicle parked across the street bearing a Modcity vanity license plate. The registered owner is a numbered company, of which Sheinin serves as the president and sole director.
The loss of a cherished tree
The city and the community had previously fought to safeguard that large white fir.
In 2018, the former property owner sought to divide the land, intending to demolish the existing house and construct two new ones. Despite opposition from the city’s urban forestry department, Toronto’s committee of adjustment approved the request.
The city subsequently appealed the decision to the Toronto Local Appeal Body (TLAB), arguing that the variances would necessitate the removal of a healthy tree. The appeal was successful, with the TLAB making its ruling in 2022.
Danijela Puric-Mladenovic from the University of Toronto notes that municipal bylaws are not sufficiently strong to discourage certain developers from violating the rules. (Sarah MacMillan/CBC)
“It was a lovely tree, stunning. Everyone commented on it constantly. I’m saddened to see it gone,” said McWatters, who had campaigned to preserve the tree, even gathering signatures from neighbors.
According to Danijela Puric-Mladenovic, an assistant professor in forestry at the University of Toronto, the loss of substantial trees like this one has a considerable impact on the local ecosystem.
“Anything we plant will never reach the canopy that we used to have,” Puric-Mladenovic stated, “because there is no space for growth. With the advent of new constructions, there is little room left for larger trees to thrive.”
Modcity is currently facing four charges related to tree bylaw violations, which are pending in court, along with several other charges related to noise bylaws.
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The maximum penalty for each violation stands at $100,000. However, under provincial law, the city lacks the authority to deny a building permit to a developer solely based on breaches of tree bylaws.
Speaking broadly, Puric-Mladenovic contended that the possible fines are not an adequate deterrent when juxtaposed with potential profits for developers.
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Police, city investigating tree removals without permit
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Modcity again accused by neighbours of cutting trees without permits
“Even if they disregard the rules, they are aware that it won’t have serious consequences for them,” she remarked.
Last year, the city requested the province to amend the laws so that not adhering to tree bylaws would be grounds to deny a building permit.
The Ministry of Municipal Affairs and Housing has yet to respond to emails from CBC Toronto.
