In September 2024, the Ontario Superior Court of Justice released its judgment in Delavalle v. Acciavatti, a dispute between neighbours on Pentagon Boulevard in Sault Ste. Marie. Nick Joseph Delavalle and Christine Ropeter brought the claim against Marty Joseph Acciavatti, who owned the abutting property at number 29. The court awarded each plaintiff $210,000 in general damages and $50,000 in punitive damages, and ordered costs of $50,000. Permanent injunctions were also granted. In August 2025, the Ontario Gazette advertised a sheriff’s sale of the defendant’s interest in the property, to be held on 1 October 2025, with vacant possession not included.
How did a 2024 Ontario court ruling lead to a 2025 sheriff’s sale
According to the judgment in Delavalle v. Acciavatti, 2024 ONSC 5137, released by the Ontario Superior Court of Justice on 18 September 2024, Justice Rasaiah’s reasons state that the plaintiffs issued their Statement of Claim on 18 November 2022. The defendant was noted in default on 8 February 2023 for failing to respond or file a Statement of Defence. On 8 January 2024, the plaintiffs were directed by court order to an uncontested trial. When the defendant appeared on 21 March 2024 and asked to take part, the judgment says that request was denied.At trial, the plaintiffs filed affidavits, police occurrence reports, news articles, photographs and other documents. The judgment adds that the plaintiffs testified, together with three lay witnesses and two police officers. One incident described in the reasons occurred at about 9:30 a.m. on 11 June 2022, when, according to the court, a guest of the defendant fired a sawed-off .22-calibre rifle from inside the garage on the defendant’s property. The judgment says the bullets exited the garage and struck the chimney of the plaintiffs’ home.
What damages did the Ontario court award the neighbours
The judgment awards each plaintiff $180,000 in general damages for private nuisance, $20,000 for trespass and $10,000 for mental distress, which it records as a total of $210,000 per plaintiff. It also awards punitive damages of $50,000 to each plaintiff, recorded as $100,000 in total. In addition, the defendant was ordered to pay costs of $50,000, inclusive of fees, disbursements and taxes, within 30 days of the judgment.The court also granted permanent injunctions. They restrain noise between 11:00 p.m. and 7:00 a.m. from Monday to Saturday, and between 11:00 p.m. and 9:00 a.m. on Sundays. The order further restrains trespass onto the plaintiffs’ property and the discharge of firearms at number 29. The defendant was ordered to install and maintain a fence enclosing the back yard for all animals and to remove debris as directed by the City. The order states it may be registered on title to either or both properties at the plaintiffs’ discretion.
What did the 2025 sheriff’s sale notice reveal about the property
According to a notice in The Ontario Gazette, a writ of execution dated 23 September 2024 was filed with the Sheriff of the Territorial District of Algoma under file number 24-290. The notice names Marty Joseph Acciavatti as debtor and Nick Delavalle and Christine Ropeter as creditors. It says the sheriff seized the debtor’s right, title, interest and equity of redemption in 29 Pentagon Boulevard, Sault Ste Marie, and would offer them for sale by public auction on 1 October 2025 at 10:00 a.m. in courtroom 1 of the Sault Ste Marie Courthouse. The notice is dated 21 August 2025 and signed by Sheriff L. Thorburn.The notice sets out the conditions of sale. The purchaser assumes responsibility for all mortgages, charges, liens, outstanding taxes and other encumbrances, and “vacant possession is not included in the sale of this property”. The deposit is 10 per cent of the bid price or $5,000, whichever is greater, and the balance is due within ten business days of the sale. The notice also says no representation is made about the title and that the sheriff may cancel the sale without further notice until the sale terms are satisfied.