Matteo Gilfillan

The appellant hotel operator appealed a Fire Marshal's decision rejecting its Alternative Solution Proposal (ASP) under the Fire Code.

The appellant proposed using off-site supervisory staff available 24/7 instead of on-site staff.

The Fire Safety Commission first determined that the acceptable solution in Sentence 2.8.2.2.(2) of the Fire Code requires supervisory staff to be physically on site when the building is occupied.

The Commission then found that the appellant's ASP did not meet or exceed the minimum performance level intended by the acceptable solution, as it relied primarily on existing building features and did not adequately compensate for the absence of immediate on-site response.

The appeal was dismissed and the Fire Marshal's order was confirmed.

The plaintiff, Valleywoods Rentals Inc., brought an action against Yukon Construction Inc. for alleged deficiencies in the construction of exterior entrance stairs, claiming the work failed to comply with the Ontario Building Code and industry standards.

The defendant denied the deficiencies, asserting the work was performed according to the contract and had been approved by relevant authorities.

The court dismissed the plaintiff's action, finding that Valleywoods failed to meet its burden of proof regarding the alleged deficiencies.

The court gave significant weight to the approvals by the Construction Manager, Project Architect, and the City of Toronto (granting occupancy), and found the plaintiff's expert and hearsay evidence unreliable.

Costs were awarded to the defendant.