March 18, 2006
Scarborough grow houses listed on-line
The Toronto Police Service has begun to publish the exact street addresses of
marijuana grow operations — at least in Scarborough's 42 Division. This brave
move by police superintendent Gary Ellis makes 42 Division what I believe to be
only the third police force in Canada to publish the addresses of marijuana grow
operations — after London and Winnipeg.
The listing of a total of 109 marijuana grow operations busted in 42
division last year is contained in the division's February 2006 Community
Bulletin. It's on the website of the Toronto Police Service at
http://www.torontopolice.on.ca/d42/20060220-d42_community_bulletin.pdf.
or http://www.aaron.ca/scarboroughgrow-op
bulletin.pdf (and see below for list of houses).
The existence of the list came to light last week after I received an
email from Tom Brown outlining his close call with two local grow house
operations.
``I am about to buy my first house,'' Brown wrote, ``and after looking at
a few properties settled on two choices to choose between... Neither my agent,
nor the listing agents warned me about grow houses, nor did they tell me they
had suspicions of these two places being grow houses.
``Now I see both houses had the signs that I never noticed before — hydro
tampering, vent holes cut in the drywall. It was only after I spent many
hundreds of dollars on home inspections that I discovered not one but
both were marijuana grow houses. And not just a couple of plants — we are
talking major grow-ops.
``Both agents pleaded no knowledge or suspicion (of course). Now the
homes are re-listed with a new selling agent, and no mention is made on the http://www.mls.ca website about any
problems.
``If it wasn't for a home inspection, I'd have never known, and the owner
would have my money ($300,000-plus worth of highly mortgaged dollars).
``I think the lists of houses should be made public, and clauses put in
purchase agreements or else the city/police/etc. are just protecting the growers
and encouraging these grow-ops.''
Brown's local city councillor in Ward 39 is Mike Del Grande. On his
website he publishes the street names of many grow-ops but not the exact
addresses. Del Grande referred me to the 42 Division website where the 109
addresses are listed.
I was unable to locate a similar list on the websites of any other
division of the Toronto Police Service.
Last July, I suggested in this column that there should be public
disclosure of the addresses where police have found grow operations. The
typical answer I received in response is that the locations are
protected by federal and provincial privacy legislation, even though
London and Winnipeg police publish
those lists on their websites.
Now that the Toronto police's 42 Division has effectively answered the
privacy argument, there can be no excuse for any Canadian police force to refuse
to publicize the locations of local grow houses.
In my view, the reasons for disclosure are grounded in public health and
safety. Alterations made to houses, apartments and condominiums frequently
affect the electrical wiring and the structural integrity of the building. The
mould resulting from the high humidity levels needed for growing can permeate
the walls and create a toxic environment long after the new owners have moved
in.
In Winnipeg, the local real estate board strongly supports the actions of
the Winnipeg Police Service in making public its list of identified grow-ops.
Whether the Toronto Real Estate Board follows suit remains to be seen. I tried
to reach TREB president John W. Meehan last week, but he was away on holiday.
In any event, now that grow-op addresses have been made public for a huge
chunk of Scarborough, there can be no excuse for a real estate agent failing to
disclose whether a property was a marijuana grow operation. Hopefully, the
remaining Toronto police divisions will follow suit.
Although real estate agents are obliged to disclose whether a house has
been a grow-op, vendors are not under any similar requirement unless they are
asked directly.
That's why I recommend that resale home offers always contain a clause
drafted by the Ontario Real Estate Association (OREA).
The clause has the seller warrant and represent that the building was not
used for the growth or manufacture of any illegal substances during his or her
period of ownership, and that to the best of the seller's knowledge and belief,
the use of the property and the buildings and structures thereon has never been
for the growth or manufacture of illegal substances.
Some day, OREA might even make the clause part of its standard form.
Bob Aaron is a Toronto real estate lawyer. He can be reached by email
at bob@aaron.ca, phone 416-364-9366 or
fax 416-364-3818. Visit the column archives at
http://www.aaron.ca.
EXTRACT FROM
http://www.torontopolice.on.ca/d42/20060220-d42_community_bulletin.pdf
page 6 42 Community Bulletin
February 2006
Marijuana Grow Operations busted in
42 Division in 2005
ADDRESSES
80 Milner Ave. Unit #10
74 Belgreen Ave
14 McClure Cres
137 Lionhead Trail
2050 Bridletowne Circle, Apt 2009
123 Bellamy Road North, Apt 717
328 Passmore Ave, Unit 6
25 Cougar Court, Apt 809
25 Cougar Court, Apt 709
293 Coronation Drive
77 Fieldside Drive
4 Stonefield Cres
335 Nugget Ave. Un 3
7 Susan St
79 Buckhurst Cres
75 Rainier Sq
300 Alton Towers Cir. Apt 1411
5 Partridge Lane
12 Shallowford Crt
18 Greenleaf Terrace
40 Carabob Crt, Apt 1405
14 Staley Terrace
16 Buena Vista Drive
20 Carabob Crt, Apt 1404
177 Huntsmill Blvd
430 McLevin Ave, Apt 1211
145 Grenbeck Dr
27 Sandyhook Sq
17 Huntsmill Blvd
26 Frank Rivers Dr
24 Garden Park Ave
31 Garden Park Ave
25 Silver Springs Blvd, Apt 1608
20 Major Oak Terr
40 Lofthouse Sq
38 Pineslope Cres
61 West Burton Court
10 Kentish Cres
560 Sewells Road
34 Eaglestone Rd
4 Big Red Avenue
189 Roxanne Cres.
45 Silver Springs Blvd. Apt 1403
106 Grenbeck Drive
24 Oakhaven Drive
52 Greybeaver Trail
160 Finchdene Ave, unit 8
100 Echo Point, apt 709
50 Melford Drive
110 Silver Star Blvd
33 Sonmore Dr
2 Abbeville Road
69 Newdawn Crescent
20 Carabob Court, Apt 1210
32 Garden Park Ave
106 East Ave
53 Horseshoe Cres
214 Roxanne Cres
120 Clappison Blvd
65 Reidmount Rd
20 Stonehill Court #508
21 Hoshlega Ave
14 Sesame St.
75 Blue Eagle Cres
5001 Finch Ave. E. #112
38 Rooksnest Trail
419 Markham Rd. #806
274 Pitfield Rd
131 Grenbeck Dr
70 Mornelle Court, #1718
15 Sewells Rd #602
38 Moraine Hill Dr
42 Community Bulletin
February 2006 page 7
51 Morecambe Gate Un 25
110 Silver Star Blvd
10 Albacore Cres
15 Leeswood Cres
24 Pelmar Place
16 Shadowood Court
22 Chapeltown Cres
29 Roxanne Cres
19 Baylawn Ave
343 Port Royal Tr
11 Grayson Cres
5600 Sheppard Ave. E. Apt 317
28 Valley Stream Drive
75 McCool Court
3 Pebblewood Avenue
6 Belinda Square
63 Fulbert Cres
46 Sonmore Drive
21 Windover Drive
20 Stonehill Court, Apt. 1103
47 Jacob Fisher Drive
39 Shepmore Terrace
110 Ironside Crescent, Unit 16
38 Lofthouse Square
100 Silver Star Blvd, Unit 208
116 Fawndale Cres.
9 Good Road
7 Longbow Square
29 Andes Road
350 Alton Towers Cir. Apt #1201
143 Oakmeadow Blvd.
78 Ambercroft Blvd.
452 Brimorton Drive
15 Briarscross Blvd
18 Rossander Court
28 Wandering Trail
67 Saintsbury Square
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