Man who died on Hamilton mall roof was improperly evicted, inquest hears

On the fourth anniversary of Attila Csanyi's death, lawyers asked witnesses about one of the last places he lived: a residential care facility in downtown Hamilton.

The timing of Thursday's hearing made "an already difficult time all the more difficult for the family," presiding officer Jennifer Scott told the inquest, which is seeking to prevent similar deaths.

Csanyi, 28, was found dead of an overdose at Hamilton's Jackson Square mall on May 2, 2020. The inquest is expected to last up to three weeks. It features a five-member jury who will hear from Csanyi's family, experts and witnesses including from the city and health-care providers, and may make recommendations to prevent similar deaths.

On this, its third day, the inquest heard Csanyi was evicted from the care facility for threats and acts of violence, but that incidents were not always documented or reported. It also heard Csyani was kicked out without his landlord having followed the proper procedures. 

Inquest focused on issues at residential care facility

Lawyers for the inquest, Csanyi family, and other parties involved questioned Amy Acierto, who owns the Sampaguita Lodge and Rest Home Csanyi stayed at, and April Lay, who worked there as a personal support worker.  

Sampaguita receives funding from the City of Hamilton. It now receives about $67 per resident, per day, but received less when Csanyi was there in 2019 and 2020, the inquest heard. Acierto said it's "not much" but declined to say how much more would fund improvements. 

The facility at 265 Bay St. was home to about 10 people at the time Csanyi lived there, the inquest heard, all of whom had disabilities and many of whom were addicted to drugs or alcohol. Residents paid rent using Ontario Disability Support Program payments.

According to Lay and Acierto, Csanyi was friendly and "respectful" when he moved into the home in summer 2019. Acierto said the "handsome" young man liked to go out roller skating and would always say good morning to her. But as she and Lay described it, things changed after several weeks.

Worker and owner say Csanyi threatened to kill them

Lay said Csanyi started hoarding what she believed to be garbage in his room, causing problems for his roommate, and bringing in bedbugs. She said he would break rules by inviting guests without permission, and that he or his friends would smoke and have sex in the room, which was also against the rules.  

She also said she knew Csanyi was refusing to take medication and that she had seen him using drugs, and found drug paraphernalia in his room while cleaning. 

Inquest lawyer Jai Dhar, and the lawyer for the family, Jen Danch, both asked multiple questions about how these events were documented and to whom they were reported. Danch asked if Lay had documented that she allegedly saw him injecting drugs.

"I didn't. My writing is not very good," Lay said. 

The inquest also heard Acierto did not document an incident in which she said Csanyi punched another resident. "Maybe I forgot or was busy."

Lawyers also asked multiple questions about an account Lay had documented in which she said Csanyi threatened to kill her with a knife. 

The note had two dates written on it: March 29, 2022, which appeared to be crossed off, and replaced by Feb. 29, 2020. No one provided an explanation as to why this was the case.

Danch suggested that part of Lay's notes could be interpreted as her describing Csanyi offering to protect her with his knife, but Lay maintained he said the knife was to protect himself and use against her.

At several points during the inquest proceedings, Lay, who said she had come before the inquest after working a night shift, expressed frustration with lawyers' questions. At one point, she threatened to leave. 

Operator said she knowingly evicted Csanyi outside legal process

Acierto and Lay confirmed the home asked Csanyi to leave on March 11, 2020, the same day the World Health Organization declared COVID-19 a pandemic.

Acierto said she did not view it as an eviction because she knew from his social worker that he could get a bed in an emergency shelter. She said she did not see or hear from him after and assumed he was "doing fine."

Danch asked if Acierto had filled out the proper paperwork for a landlord to evict a tenant, to which Acierto said she had not. The Sampaguita operator said that would have taken too long and she worried someone would have been hurt in that time. 

Danch asked if Acierto thought a tenant having the option of a bed in an emergency shelter meant it was OK to evict them outside the Landlord and Tenant Board process. 

Acierto said yes. "We were good to him. … I did everything I could."

Previously, the inquest heard from a doctor with expertise in homelessness, Csanyi's twin brother Richard and father Alex Geczi on Csanyi's difficult and traumatic childhood.

On Friday, lawyers are set to question two people from St. Joseph's Healthcare Hamilton. The inquest is publicly broadcast online.