Bozanis v. Clarington (Municipality)
The appellant's failure to notify the municipality of his change of address under the Assessment Act meant he could not avail himself of the provisions of s.27(2) of the Building Code Act; the municipality had complied with s.27(2) and the appeal was dismissed.
Source-derived case information.
- Citation
- C41522
- Parties
- Appellant: James Bozanis; Respondent: The Corporation of the Municipality of Clarington
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 December 2004
- Procedural Posture
- Civil / Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Notice Requirements, Change of Address, Building Code Act S.27(2), Assessment Act Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Bozanis
Appellant
The Corporation of the Municipality of Clarington
Respondent
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether s.27(2) of the Building Code Act could be invoked by the appellant
- 2 Whether the appellant's failure to notify the municipality of a change of address under the Assessment Act barred his claim
- 3 Whether the municipality complied with the notice requirements of s.27(2) of the Building Code Act
Ratio Decidendi
The appellant's failure to notify the municipality of his change of address under the Assessment Act meant he could not avail himself of the provisions of s.27(2) of the Building Code Act; the municipality had complied with s.27(2) and the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Costs awarded to the respondent fixed at $3,500
Full Case Text
Judgment text and source record
1 paragraphs
Bozanis v. Clarington (Municipality) Collection Decisions of the Court of Appeal Date 2004-12-07 Docket numbers C41522 Judges McMurtry, Roy; Goudge, Stephen Thomas; Blair, Robert Ashley Subject Civil Decision Content DATE: 20041207 DOCKET: C41522 COURT OF APPEAL FOR ONTARIO RE: JAMES BOZANIS (Appellant) v. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Respondent) BEFORE: McMURTRY C.J.O., GOUDGE AND BLAIR JJ.A. COUNSEL: N. Cameron Murkar for the appellant Lara Edwards for the respondent HEARD & ENDORSED: DECEMBER 7, 2004 On appeal from the order of Justice Sheppard dated February 13, 2004. APPEAL BOOK ENDORSEMENT [1] In our view, the provisions of s. 27(2) of the Building Code Act were unavailable in the circumstances of this case. The appellant failed to discharge his obligation under the Assessment Act in failing to notify the Municipality of his change of address. [2] The Municipality complied with the notice provision under s. 27(2) of the Building Code Act which is all that is required. [3] The appeal is therefore dismissed with costs fixed at $3,500.