A London couple is calling on city hall to reconsider an exemption in a municipal bylaw they say allowed damage caused by a large pile of fill dumped in a neighbour’s backyard. Standing along her property line in southwest London, Lisa Davis said the pile of earth towers above her. Davis said dump trucks began depositing loads of soil and stone in her neighbour’s backyard in 2023, in what she believes was an effort to level a steep slope on the property. She said wooden shipping skids placed along the property line were not enough to prevent the fill from slumping onto her property and against her deck stairs. “The only way to really fix the problem is to either remove the grade or build a retaining wall,” Davis told CTV News. “It would be in excess of $100,000 just for the retaining wall.” An engineering report concluded the weight of the loose fill pressing against the home’s second-storey deck stairs compromised the structure’s integrity. A city-issued Order to Make Safe, issued in April, prohibits use of the deck and stairs and requires they be removed or reinforced. According to the order, “DC Buck Engineering found the cause of the damage was due to the debris and fill that was placed in the neighbouring property.” “Those stairs provide us access to the side of the house, but we’re not allowed to use them,” Davis said. She added the family can no longer use the space for gatherings and visits with grandchildren. Davis and her husband, Neil Mutch, have been involved in a legal dispute with their neighbour over the fill pile for several years. They said city staff informed them that London’s Site Alteration Bylaw, which governs the use of fill for grading purposes, includes an exemption for residential properties smaller than 0.5 hectares. Davis said she would like to see the city amend the bylaw to allow for earlier intervention before neighbouring properties are damaged. In an emailed statement, London’s director of municipal compliance, Amanda Pfeffer, said the city has received complaints regarding the property and has several active bylaw enforcement files under investigation. Pfeffer said a Property Standards Order related to fence and erosion concerns was issued to the property owner and has been registered on title because deficiencies remain uncorrected. Penalties have also been issued. She added municipal compliance has arranged debris removal through a contracted service provider and issued additional penalties for repeated bylaw violations. Despite those measures, Davis said the large pile of fill remains in place. “It’s the most stressful thing I’ve ever gone through in my life,” she said. “The amount of money to fix the damages, the length of time slowly watching our property deteriorate.” CTV News contacted the owner of the neighbouring property, but they did not agree to an interview. Davis alleges the pile contains concrete, asphalt and other mixed materials, and fears it could shift further. “We just have no protection from our homeowners’ insurance and no protection from the city,” she said.
