After submitting several formal complaints, the latest just last month, to the municipality citing “unsafe and unauthorized” industrial-scale construction activity on agricultural land surrounding the house they rent from ABNA Investments’ Ben Doornekamp, the Nesterenkos received an N13 eviction notice July 31.

They were told their house would be demolished to allow for “port development,” and to vacate by October 25. 

Port activity is only allowed on lands zoned Industrial, not agricultural lands zoned RU1, as these are. The Doornekamps are awaiting approval of an application to the Minister of Housing for an MZO.

The order would rezone the entirety of the lands they own along White Chapel Road MX-Industrial.

In response to the Nesterenkos’ complaints, a County building inspector found work ongoing to transform a barn into an office without a permit. A stop-work order was issued. The County also found an above-ground pool had been installed without a permit.

But the industrial-scale construction work going on all around the Nesterenkos on former farm fields along White Chapel Road falls outside the municipality’s immediate purview, as it does not have a site alteration bylaw in place.

Without such a bylaw, property owners can begin pre-development work such as site clearing and clearcutting without any kind of permit or oversight. 

The Nesterenkos are concerned the eviction is retaliation for their complaints about the Doornekamps. “A second house located just a few meters away, where an employee of Picton Terminals resides with their family — is not being demolished,” notes Ms. Nesterenko. 

“This raises serious concerns about the true motives behind our eviction and suggests that we are being retaliated against for speaking out. 

“Our eviction is a matter of serious public interest. It highlights potential abuses by a corporate landlord, raises questions about enforcement of land use regulations, and touches on the vulnerability of tenants who advocate for their rights,” she continued. 

The Nesternkos plan to appeal the eviction to the Ontario Land Tribunal.  

“I’m so sad for the Nesterenkos,” said Councillor Kate MacNaughton. “This is absolutely rezoning rural lands without any proper process. I’m not sure I understand how an eviction could be legal without a successful rezoning.

“I can’t fathom the tribunal would approve an eviction for purposes not currently permitted in a zone. If the MZO doesn’t go through and the change to port lands is not established, at that point, the proposed rationale for eviction collapses.”