C. Bendick

The defendant in a Building Code Act prosecution brought a second disclosure motion seeking field notes, memoranda, and investigators' files from the City of Toronto.

The first disclosure motion had been denied as a fishing expedition.

However, the defendant subsequently obtained documents through a Freedom of Information request that supported potential defences of officially induced error, statute of limitations, and legal non-conforming use.

The court found the defendant satisfied the onus to establish relevance and granted the second disclosure motion, noting the City did not respond to oppose it.

The self-represented plaintiffs in a malicious prosecution action brought a motion to dismiss or stay a related Provincial Offences Act property standards prosecution, alleging it was an abuse of process and a SLAPP proceeding.

They also sought permanent restraining orders against the municipal defendants.

The court dismissed the motion, finding that the request for a stay was res judicata as it had been previously dismissed by another judge.

The request for permanent restraining orders was also dismissed because such relief requires a full adjudication of rights and was not pleaded in the statement of claim.