Convicted – Marble Arch Corporation and Adam Watson
Court Location – Parry Sound
Description of Offences – The convictions are for damaging or destroying the habitat of a threatened species, namely the Chimney Swift.
Date of Offences – Between June 3, 2020, and September 30, 2020
Date of Convictions – October 7, 2025, and October 16, 2025
Penalties Imposed –
- On October 7, 2025, Marble Arch Corporation was convicted of one violation under the Endangered Species Act, fined $1, and given 30 days to pay.
- As part of sentencing, a court Order was issued to Marble Arch Corporation requiring the company to pay $107,499 to Birds Canada for the purpose of aiding in the protection and/or recovery of the Chimney Swift. Payment must be completed by October 7, 2028.
- Amongst other conditions, the court Order also requires the company to complete repairs, maintenance and improvements, and install certain equipment as specified in the Order.
- On October 16, 2025, Adam Watson was convicted of one violation under the Endangered Species Act, fined $1, and given 60 days to pay.
- As part of sentencing, a court Order was issued to Adam Watson requiring him to pay $50,000 to Birds Canada for the purpose of aiding in the protection and/or recovery of the Chimney Swift. Payment must be completed by December 31, 2028.
Background –
- Marble Arch Corporation is the owner of a property located on Church Street in the Town of Parry Sound. The property was the former site of a hospital until 2005.
- Between 2005 and early 2020, several structures remained at the site in an abandoned state, including a two-storey brick building with a large, cylindrical brick chimney.
- The Chimney Swift (Chaetura pelagica) is a small migratory bird species that breed in eastern North America in the spring and summer and migrate south in the fall to overwinter in South America. The Town of Parry Sound and surrounding areas are within the North American range for these birds.
- Chimney Swifts are known to rely on vertical structures, particularly large brick chimneys, for communal roosting and nesting. Large chimneys are particularly suitable for communal roosting, however these structures are increasingly rare. As a result, existing roosting locations used by Chimney Swifts are critical habitat for the species.
- The Chimney Swift is listed as a threatened species on the Species at Risk in Ontario List.
- In 2014, it was documented that Chimney Swifts had been using the chimney at the site from May to September each year as a roosting site during their annual migration through the Parry Sound area. Between 2015 and 2019, hundreds of Chimney Swifts were documented as having entered the chimney between May and August each year. On several occasions, over 400 birds entered the chimney in a single evening.
- In April 2019, the Town of Parry Sound directed Marble Arch to assess the structural soundness of the remaining buildings at the site after receiving public safety complaints about the deterioration of the buildings. Marble Arch hired an engineer to conduct the assessment, who subsequently recommended that the buildings be demolished.
- In 2019, Marble Arch retained the services of Adam Watson, a demolition contractor, to perform demolition work at the site, which was to be carried out during the spring and summer of 2020.
- In 2019, both Marble Arch and Adam Watson were aware the chimney at the site was being used by the Chimney Swifts and that Marble Arch, as the owner of the property, may be required to obtain a permit from the ministry under the authorization of the Endangered Species Act prior to commencing work that may impact Chimney Swifts or their habitat.
- In April 2020, the Town of Parry Sound issued a demolition permit to Marble Arch authorizing the demolition of all structures at the site except for the chimney. However, Marble Arch did not apply for or obtain a permit or any other form of authorization under the Endangered Species Act.
- In May 2020, the Chimney Swifts arrived in Parry Sound per their annual migration pattern and were observed to be using the chimney at the site as of May 19, 2020.
- Between June 3 and 4, 2020, Adam Watson demolished the building at the site that housed the base of the chimney. The chimney was left standing, however, a large hole was exposed near the base of the chimney.
- The number of Chimney Swifts using the chimney at the site dropped to zero by June 16, 2020, and remained at zero for the rest of the season.
- The hole in the side of the chimney was not covered until September 3, 2020, at the end of the season. Since June 2020, Chimney Swifts have only been observed entering the chimney in very small numbers and on very few occasions.
- Marble Arch and Adam Watson significantly damaged the chimney’s function as a habitat for the Chimney Swift by carrying out demolition work during the birds’ migratory season, and by leaving a large hole in the side of the chimney for the remainder of the 2020 season.
- The ministry’s Environmental Investigations and Enforcement Branch investigated and laid charges which resulted in the convictions.
