Christopher J. Henderson

The applicant brought an application for a declaration that a right-of-way granted by the respondent municipality in 1971 included the right to permit parking on the property.

The municipality argued the right-of-way only allowed for access and egress.

The court applied principles of contract and easement interpretation, considering the historical context and subsequent conduct of the parties.

The court declared that the right-of-way included the ancillary right to permit parking to access commercial premises, provided it was non-exclusive and did not amount to occupation.

Following a successful application by the City of Toronto to inspect a residential property for Building Code compliance, the City sought costs.

The respondents argued the City was unsuccessful on most of its requested orders.

The court rejected this, finding the City obtained the necessary inspection orders and was the successful party.

The court awarded the City $20,000 in costs on a partial indemnity scale, noting the respondents' conduct unnecessarily lengthened the proceedings.

The municipality applied under s. 38 of the Building Code Act, 1992 for orders requiring property owners to permit inspection of a residential addition constructed without a building permit and to provide engineering reports verifying compliance with the Building Code.

The owners argued the City lacked authority to inspect without a warrant and that the requested relief violated their Charter rights.

The court held that s. 38 empowered the court to order compliance with the Act and that inspections were a necessary part of the statutory scheme governing building permits.

The owners could not rely on the dwelling status of the property to resist inspection where the construction had been carried out illegally.

The application was granted and the City was authorized to inspect the property and uncover portions of the construction if necessary.