Ontario Superior Court has ordered the owner of an unfinished 6,600 square-foot monster home in Brampton to destroy it within 120 days, after a legal battle that stretches back almost five years when the city mistakenly issued a building permit.

Should Ahmed Elbasiouni refuse to comply, the city can demolish the house with the homeowner paying the cost.

The court edict issued Tuesday also prohibits Elbasiouni from building any thing on-site until, and unless, he has received a new building permit.

“The next step and positive new story for the city is that anything we redevelop on the site will have to adhere to our new policies of a mature neighbourhood and zoning provisions in place,” said Rob Elliot, the city’s commissioner of planning.

Elbasiouni took the city to the court, maintaining the specifications of the home are as per the drawings he submitted and approved by the city in 2012. The original plans for the monster home included some eight bedrooms and 10 bathrooms.

When the error came to light, the city tried to revoke its approval, but with little success.

The recent developments in the case signal a major victory for the city that sought a demolition order, but the five-year legal saga still has some loose threads.

In an earlier decision, the courts ordered Elbasiouni to pay the city $51,000 in costs as a penalty for submitting a fraudulent document. The city said he has not done so.

In a joint statement, wards 1 and 5 regional councillors Elaine Moore and Grant Gibson called the court’s decision an “important milestone” for residents of the neighbourhood.

“In addition to guaranteeing the demolition of the house by the end of November, this order also guarantees that whatever is built on this property in the future will be something that adds value to this community,” they wrote in a news release. “This area is designated as a ‘mature neighbourhood,’ which means the city has additional rules in place to ensure any new development is designed to maintain and preserve the character of the neighbourhood.”

With files from Peter Criscione

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