A Toronto developer is facing new accusations of illegal tree removal at a residential property in the city’s west end.
Modcity has faced numerous similar accusations in the past, and as of early September, the city had 10 open investigations related to the company.
Now, four more trees have been cut down without permits at a property connected to the company. This time, in the Long Branch neighbourhood of Etobicoke.
The affected trees include one that the city and locals previously fought to protect. The white fir towered above a two-bedroom bungalow, and had been the subject of neighbourhood walking tours.
“It was the epitome of the perfect tree,” said neighbour Sherry McCutcheon.
Without it, the area is “bare … it’s drab, it’s very dreary looking now.”
The loss of the white fir was “disturbing,” said neighbour Randy McWatters, who says he remembers when it was not much taller than him. He’d watched it “grow and grow” for more than five decades, he said.
Several years ago, Randy McWatters was involved in a successful neighbourhood campaign to save the white fir at 65 Fortieth St. (Sarah MacMillan/CBC)
The incident also involves allegedly fraudulent tree removal permits.
The pattern of alleged wrongdoing is prompting calls for a harsher crackdown by the city and province. Modcity denies any wrongdoing.
The four trees were cut down at 65 Fortieth St. on Oct. 24. Property records show that was one day after the property changed hands, having been bought by a company directed by two of Modcity’s co-founders: Ron Sheinin and Rohan Sadana.
CBC Toronto obtained photos of apparent removal permits for three trees in the backyard, which were posted at the property the day the trees were cut down. While the supposed permits have the City of Toronto letterhead, and list the address of the property, the city confirmed to CBC Toronto it did not issue them.
If the documents were forged, that would be a crime, says Amber Morley, the local city councillor.
“That needs to be fully investigated to the full extent of the law.”
Morley says her office is working with city departments to explore options. The city confirmed it is investigating to determine if there were bylaw violations.
A violation could lead to prosecution, said media relations manager Kayla Lewis in an emailed statement.
City councillor Amber Morley says the possibility that forged permits were used must be ‘fully investigated.’ (Sarah MacMillan/CBC)
Sheinin and Sadana did not answer detailed questions from CBC Toronto, including whether they posted or authorized the posting of fake permits, or whether they authorized the removal of trees without city approval.
In an email, Sadana said they “strongly dispute” allegations of wrongdoing.
Several neighbours told CBC Toronto they saw Sheinin and Sadana at the property while the trees were being removed. A photo taken that same day also shows a car parked across the street with a Modcity vanity licence plate. The registered owner is a numbered company, of which Sheinin is the president and sole director.
The city and community had previously fought to protect that large white fir.
In 2018, the previous property owner applied to sever the property, with a plan to tear down the existing house and build two new ones. Toronto’s committee of adjustment approved the application, despite objections from the city’s urban forestry department.
The city ended up appealing the decision to the Toronto Local Appeal Body (TLAB), on the basis that the variances would require the removal of a healthy tree. The appeal was successful, with the TLAB issuing its decision in 2022.
Danijela Puric-Mladenovic of the University of Toronto says municipal bylaws aren’t a strong enough tool to deter some developers from breaking the rules. (Sarah MacMillan/CBC)
It was a “nice tree, beautiful. And everybody commented on it all the time. So I’m sorry to see it go,” said McWatters, who advocated to save the tree, including by gathering signatures from neighbours.
Danijela Puric-Mladenovic, an assistant professor in forestry at the University of Toronto, says losing large trees like that one is significant for the local environment.
“Whatever we plant will never reach the canopy that we used to have,” Puric-Mladenovic said, “because there is no growing space. With those new developments, there is little place left for larger trees to develop.”
Modcity is facing four charges related to tree bylaw offences, which are currently before the courts, and several other noise bylaw-related charges.
Developer under investigation after much-loved tree downed without permit
Accused of illegal tree-cutting again, Modcity faces 10th city investigation
The maximum fine for each offence is $100,000. However, under provincial legislation, the city cannot deny a developer a building permit on the basis of violating its tree bylaws.
Speaking generally, Puric-Mladenovic argued the potential fines aren’t a strong enough deterrent, when compared with potential developer profits.
Police, city investigating tree removals without permit
Modcity again accused by neighbours of cutting trees without permits
“Even if they don’t follow the rules, they know that that’s not going to hurt them,” she said.
Last year, the city asked the province to change the law, so that not complying with its tree bylaws would be grounds for denying a building permit.
The Ministry of Municipal Affairs and Housing has not responded to emails from CBC Toronto.
