The appellants appealed a decision dismissing their appeal of a No Permit Order issued by a municipal building inspector regarding the construction of a front deck.
The inspector had measured the deck mid-construction and found it exceeded the two-foot height exemption for building permits.
The Divisional Court allowed fresh evidence showing the completed deck met the height requirements.
The Court held that the appropriate time for inspection was upon completion of the project, not mid-construction, and found the lower court's decision unreasonable.
The appeal was allowed, the No Permit Order rescinded, and costs awarded to the appellants.
