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Fire Safety Commission confirms rescission of order prohibiting outdoor pizza oven, imposing alternative safety measures instead.
The Kitchener Fire Department appealed a decision of the Fire Marshal that rescinded an inspection order issued to Bingemans Inc. The original order prohibited the use of an open chain-driven pizza oven under a tent at an outdoor music festival, citing the risk of fire from grease-laden vapours.
The Fire Safety Commission confirmed the Fire Marshal's decision, finding insufficient evidence that the specific pizza cooking operation produced a significant amount of grease-laden vapours.
The Commission held that the risk could be controlled by other approved measures and exercised its broad discretion to order a specific fire protection and risk management protocol for future uses of the temporary pizza oven setup on the respondent's property.
Fire Department authorized to complete Fire Code repairs if owner fails to meet settlement deadline.
The City of Kitchener Fire Department applied to the Fire Safety Commission for an order authorizing it to complete work required by an Inspection Order issued to the respondent apartment building owner.
The respondent had failed to comply with the order and was convicted in the Ontario Court of Justice, receiving a Probation Order to remedy the deficiencies.
The parties submitted Minutes of Settlement agreeing that the respondent would complete the work by January 19, 2016, failing which the Fire Department would be authorized to do so.
The Commission found the measures necessary for fire safety and granted the order in accordance with the settlement.
A registered security interest in a fixture cannot be enforced against a mortgagee's sale proceeds if the fixture was removed prior to possession.
The applicant mortgagee took possession of a residential property under a power of sale.
Prior to possession, an air conditioner subject to a registered Notice of Security Interest by the respondent was removed by an unknown party.
The respondent refused to discharge its notice without payment from the sale proceeds, arguing a priority dispute under the Personal Property Security Act.
The court held that the PPSA establishes rights for fixtures that exist on properties, and since the fixture was removed, no priority dispute existed.
The respondent was ordered to bear the loss and discharge its interest.
Judicial review of privacy order largely dismissed; communications with third-party developer not protected by solicitor-client privilege.
The City of Kitchener sought judicial review of an order by the Information and Privacy Commissioner requiring the disclosure of certain records relating to a land purchase and reducing the search fee charged to the requestor.
The Divisional Court upheld the Commissioner's decisions regarding the fee reduction and the rejection of the third-party information exemption as reasonable.
The Court also agreed that communications between the City Solicitor and the third-party developer were not protected by solicitor-client privilege, but allowed the application in part on consent to exempt specific internal communications that had been incorrectly categorized.
