Gass v. Littlejohns
The Court held that s.17(1) of the Building Code Act does not require the chief building official's order to be in writing; an oral order reduced to writing is sufficient and the owner's protection is afforded by the confirmation procedure in s.17(7), therefore the appeal was dismissed.
Source-derived case information.
- Citation
- C43364
- Parties
- Appellant: Kelly Matthew Littlejohns; Respondent: Brian Gass, Chief Building Official of the Corporation of the Town of Penetanguishene
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 November 2005
- Procedural Posture
- Civil Appeal / Court of Appeal Decision on Appeal From Superior Court of Justice
- Outcome
- Appeal dismissed
- Legal Topics
- Building Code Act S.17(1), Requirement for Written Orders, Service Under S.17(3), Confirmation Under S.17(7)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelly Matthew Littlejohns
Appellant
Brian Gass, Chief Building Official of the Corporation of the Town of Penetanguishene
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Decision on Appeal From Superior Court of Justice
Legal Issues
- 1 Whether s.17(1) of the Building Code Act requires the chief building official's order to be in writing
Ratio Decidendi
The Court held that s.17(1) of the Building Code Act does not require the chief building official's order to be in writing; an oral order reduced to writing is sufficient and the owner's protection is afforded by the confirmation procedure in s.17(7), therefore the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $7,000.00 inclusive of disbursements and G.S.T.
Full Case Text
Judgment text and source record
1 paragraphs
Gass v. Littlejohns Collection Decisions of the Court of Appeal Date 2005-11-04 Docket numbers C43364 Judges Laskin, John Ivan; Rosenberg, Marc; LaForme, Harry Smith Subject Civil Decision Content DATE: 20051104 DOCKET: C43364 COURT OF APPEAL FOR ONTARIO RE: BRIAN GASS, CHIEF BUILDING OFFICIAL OF THE CORPORATION OF THE TOWN OF PENETANGUISHENE (Respondent) –and– KELLY MATTHEW LITTLEJOHNS (Appellant) BEFORE: LASKIN, ROSENBERG and LAFORME JJ.A. COUNSEL: Susan E. Healey for the appellant Michael M. Miller for the respondent HEARD & ENDORSED: November 4, 2005 On appeal from the judgment of McIsaac J. of the Superior Court of Justice dated March 22, 2005 made at Barrie, Ontario. APPEAL BOOK ENDORSEMENT [1] The only issue on the appeal is whether the order of the Chief Building Inspector under s. 17(1) of the Building Code Act must be in writing. The appellant contends that it must be and points to the requirement for particulars in s. 17(1) itself and to the requirement for service in s. 17(3). [2] We do not agree with this contention. The current statutory provision, unlike its predecessor, does not require the order to be in writing. Instead, s. 17(1) contemplates that the order can be given orally and subsequently reduced to writing. On the material before us, that is what occurred here. The protection for the owner is found in s. 17(7) of the statute, which requires that the chief building official apply to a judge of the Superior Court for confirmation of an order under s. 17(1)/ [3] Accordingly, the appeal is dismissed with costs fixed at $7,000.00 inclusive of disbursements and G.S.T.