The applicant, James Michael Demers, sought a declaration that a fabric-covered framed structure (boathouse) on his neighbours' property required a building permit from the Township of Killaloe-Hagarty-Richards.
The Township argued the structure was a "tent" exempt from permit requirements and that Demers' application was time-barred as an unappealed CBO decision.
The court found that the Chief Building Official (CBO) had not issued a formal written decision, thus Demers' application was not time-barred.
The court further determined, based on photographic evidence and definitions in the Building Code Act and municipal by-laws, that the structure was a multi-storey, permanent "building" and not a temporary "tent" therefore requiring a building permit.
The application for declaratory relief was granted, and costs were awarded to the applicant on a substantial indemnity basis due to the importance of the issue and the Township's conduct in raising a late limitation period defence.
