Alisa Chaly (self-represented)

This costs decision follows the dismissal of an application by 2811230 Ontario Limited to delete an Order to Comply from title to its property.

The court awards elevated costs to the City of Niagara Falls, finding the application was without merit and brought for an improper motive, and that the applicant's conduct unnecessarily lengthened the proceeding.

The applicant, 2811230 Ontario Limited, sought an order deleting the registration of an Order to Comply (OTC) from title to its property in Niagara Falls, arguing that the OTC prevented sale or refinancing.

The City opposed, maintaining the OTC was properly registered to notify the public of unpermitted construction.

The court denied the applicant’s request for an adjournment and ultimately dismissed the application, finding that the OTC remained valid and that its registration served the public interest in consumer protection and safety.

The court held that the applicant’s objective was to conceal the OTC from prospective buyers or mortgagees, contrary to the Act’s purpose.