Court Order To Test Non-Existent Water

Jeff Green | Apr 09, 2014

The Greenstreet family, which owns the former gym at Highway 7 and Clement Road, as well as Goodfellow's Flowers and a wine-making store that are operated by Michelle Greenstreet, has been in a two-year battle with Kingston Frontenac Lennox and Addington Public Health over the testing requirements for water at the gym, which the Health Unit classed as a commercial water system when they first visited the facility on April 19, 2012.

According to Rick Greenstreet, who lives upstairs from the gym, which was being operated by his daughters Nicki and Michelle, the health unit inspector, Joan Green, said at the time that since there was no data about the well at the site, monthly testing would be required at a commercial lab at the gym's expense.

In response, the Greenstreets disconnected the sink in the bathroom of the gym and replaced it with a towelette station.

“But that wasn't good enough because the toilet was still there and people could possibly drink from it, according to the health unit,” said Rick Greenstreet.

The last dealings the Greenstreets had with KFL&A Public Health at that time were on May 22, 2012.

“We officially closed the gym, and made it a residential space. I am permitted to run a karate club out of my own home, which I do in that space. My daughters teach classes to local kids twice a week. The kids are all members of the club and they are all registered with my insurance company,” he said.

In addition, he said that the toilet in the gym was removed and the kids who attend classes drink water from a rented cooler and go to the bathroom outside.

On June 26, 2012, the Greenstreets received a letter from Joan Green saying they were non-compliant with water regulations.

“I told them the space was a private rec-room and it has no water and if they wanted to check it out they could get a warrant,” he said.

Nothing happened for over a year.

Then, on August 12, 2013, another similar letter arrived, this time from Joan Green's supervisor, Ed Gardiner. Rick Greenstreet sent the same response. Again, nothing happened.

Then last week, on April 2, the Greenstreets were served with a court order from Tausent Freund, a Kingston-based Ontario Supreme Court Judge, ordering water testing under threat of a $25,000 fine.

“We were never informed about the court hearing and thus had no opportunity to point out to the judge that there is no water to test in that location and that it is a private space,” said Greenstreet.

The matter is now in the hands of the Greenstreets' lawyer, James Bond of Perth.