Toronto family sues city for $2.8M over housing project fees for disabled children

A North York couple is suing the City of Toronto for $2.8 million, alleging the city misled them into believing they could be reimbursed for over $200,000 in planning and development fees for an accessible housing project designed for their three adult children with disabilities.

Joseph and Rhonda Geraghty's 28-year-old twin sons are autistic, and their daughter, 31, has a serious seizure condition. With one son on a supportive housing waitlist for 15 years with no end date, the couple wanted to build a home where their children could live independently while remaining supervised for safety. The lawsuit was filed at Ontario Court of Justice last week.

The couple says city staff, first under former mayor John Tory's administration in 2018, indicated a process existed for reimbursing planning and development fees. Email exchanges reviewed by CBC Toronto show a staff member from Tory's office writing that planning staff would discuss "the process for requesting a refund of the fees from Committee of Adjustment." After years of being shuffled between departments, the Geraghys were told no reimbursement program existed. "Ultimately, the city says that there are no mechanisms in place currently to accommodate these reimbursements, which is a big disappointment for not only our family, but for other families in the same situation," Geraghty said.

The project has stretched over five years. Despite donations of materials, the couple has had to serve as contractor and construction crew to keep costs down. The City of Toronto said it "continues to support accessibility and inclusion through a range of Council-approved policies, programs and initiatives, including financial incentives available through approved affordable housing programs." A city spokesperson declined further comment, saying the matter is before the courts.