So, how close do you get to static failure before you can say it has zero capacity for seismic? I would say that now it has zero capacity, so the odds of massive death during rush hour is exactly 1 in 500 per year, which is the same chance as a large earthquake (M6.5 +) near Toronto.
You can be sure that the foundations are on soft soil. Anyway, I wouldn't lose any sleep over it, since it will collapse in 6 years, thus putting the 'time at risk' at a very small window. :)