Containing the madness

Provincial and County officials struggle to limit the damage caused by church wreck

Jim Sinclair is on a short leash—unlike his dog, nabbed last week by canine officials—and it’s getting shorter. The demolition contractor, now scarcely moves on Main St. Picton without the close scrutiny of County building officials, engineering consultants, Ministry of Labour and Ministry of Environment officials.

As of Friday Sinclair was under yet another stop-work order for failing to comply with the demolition plan he agreed to just days earlier— his wrecking hoe abandoned on a steep angle atop the rubble.

It has become increasingly clear that Sinclair has little regard for this community, the rule of law, or even the safety of his own workers. Earlier in the week Sinclair smashed the supports to the south wall. With the west wall already gone, the roof collapsed in one massive, horrifying swoosh. A debris and dust cloud arose and billowed out from the site into neighbouring homes and onto Main Street traffic.

But much worse—one of Sinclair’s workers, Zack Bormans, was near the top of the steeple column when the roof collapsed. Fortunately for Bormans, the column remained upright and Bormans wasn’t injured. It was, however, a vivid demonstration of just how reckless his boss was and how close to death or injury he had come.

Bormans scrambled out of the steeple, yelled words towards Sinclair, operating the hoe in his slippers, and then made a bee-line to the Ministry of Labour official who had witnessed the collapse. A few minutes later Bormans walked away from the site, tossing his hard hat back across the perimeter fence.

Amidst the cloud, Sinclair’s Doberman dashed around the demolition site—confused and running to avoid being hit by falling debris. The dog later escaped the mayhem and scampered onto Main St. where canine officials retrieved the animal for its safety and the safety of passersby.

SPECTACLE BECOMES MORE ABSURD

These were but two of the many scenes in this absurd and tragic theatre playing out on Main St. in Picton last week before a growing crowd of curious and horrified spectators. The question most are posing is: Why is Jim Sinclair allowed to continue? Why isn’t he being carted off to jail and the work completed by a professional company?

The answer lies between a gap in the regulations and the fear of liability exposure.

Ministry of Labour officials told the Times its department can stop work on a site, and it can enforce compliance of its regulations through fines. But it can’t remove a contractor and replace him with another. The legislation doesn’t allow them to take control of the property.

Sinclair has been served with at least three stop-work orders since demolition began. According to MOL officials, he is subject to fines—the most serious of which relate to Section 214 of the Ontario Occupational Health and Safety Act which states that “precautions shall be taken to prevent injury to a person on or near the project or the adjoining property that may result from the demolition, dismantling or moving of a building or structure.”

It seems likely that Sinclair will be required to answer charges before a judge say MOL officials said the building owners could also face charges.

County officials are mostly following the lead of the provincial authorities; however Chief Building Officer Garry Davis said charges against Sinclair were currently being evaluated.

“We want to see this building down and safely demolished before we pursue this avenue,” said Davis. “We’ve had more consultation with legal on this project than any other.”

None of the government authorities wants to seize the property for fear of legal ramifications and the exposure to the immeasurable liability that could follow should further damage occur to individuals or neighbouring buildings.

This is why, for now, officials are focused on keeping Sinclair on a short leash rather than taking over the site.

For now, the east wall stands; an ominous vigil with just the steeple column still erect is all the remaining evidence of the once-proud building. The growing mass of rubble is piling against the last wall. Officials believe the five-brick wall is secure and strong enough to withstand the pressure. But as most are learning, nothing is predictable when it involves Jim Sinclair.