The applicant sought to quash a warrant issued under s. 20 of the Fire Protection and Prevention Act, 1997 authorizing Toronto Fire Services to enter and inspect his residence for fire safety concerns after complaints that the home was occupied by a hoarder.
The court treated the proceeding as an application for judicial review under the Judicial Review Procedure Act because the applicant effectively sought certiorari to set aside a justice of the peace’s decision.
The court held that the justice of the peace had reasonable grounds to issue the warrant based on an affidavit describing complaints, repeated unsuccessful attempts to inspect, and concerns about combustible materials in a rowhouse dwelling.
The court further found no violation of s. 8 of the Charter because regulatory fire safety inspections involve a reduced expectation of privacy and serve an important public safety purpose.
The application was dismissed and the warrant’s expiry date was extended.
