A new house on New Haven Drive, near Eglinton Avenue West and Bathurst Street, has been under construction since 2014, and the smell emitting from a porta-potty on-site has angered nearby residents. 

The Kotra family lives next door to the construction zone where the porta-potty has sat adjacent to their driveway for nearly two years. Lakshmi Kotra said he has complained to the City of Toronto Municipal Licensing & Standards Division, Toronto Building inspection services and 311 about the odour.

“[They] told us there’s nothing they can do about smelly construction zones. There’s nothing the city can enforce,” said Kotra. “With so much construction around Toronto, [you] would think the city would provide some guidance to contractors on portable toilets.” 

Lisa Pomerant, whose backyard overlooks the site, said the smell is so bad she’s been unable to open her windows or go for a walk.

Bruce Hawkins, a spokesperson for the City of Toronto said the issue is not in the city’s domain.
“There are no regulations that specify where a portable toilet should be placed on a construction site,” said Hawkins. “Portable toilets are regulated by the [Ontario] Ministry of Labour.”

The Ministry of Labour’s [MOL] Occupational Health and Safety Act states that constructors must ensure facilities are serviced as often as required and notes that once a week may not be sufficient in warm weather or with many people on-site. However, Janet Deline, spokesperson for the MOL, said only a worker can file a complaint.

Pomerant said the porta-potty has been moved several feet east since the neighbours first complained to the press.

Ward 16 councillor Christin Carmichael Greb said she has since spoken with the homeowner.

“She was more than willing to try and reach an accommodation with her neighbours regarding the porta-potty issue,” she said.

The homeowner and contractor, Vive Construction, did not respond to requests for comment.