Will Teron

The applicant appealed the City's refusal of a demolition permit for the Robert McLaughlin House, a designated heritage property that had sustained fire damage.

The applicant argued that the property's structural condition rendered restoration financially and practically infeasible, and that requiring restoration would infringe on private property rights.

The Tribunal held that the costs of restoration are beyond its jurisdiction under section 34.1 of the Ontario Heritage Act, and that the physical condition of the property is only relevant in narrow exceptions which did not apply here.

The Tribunal found that the property continues to retain its cultural heritage value and interest, and that the proposed full demolition is inconsistent with the mandatory conservation policies of the Provincial Policy Statement and the City's Official Plan.

The appeal was dismissed.

The Association of Professional Engineers of Ontario brought professional misconduct allegations against a member and a Certificate of Authorization holder for issuing deficient structural drawings that failed to properly account for snow loads.

The respondents admitted to the allegations, acknowledging the designs failed to meet the standard of a reasonable and prudent practitioner and did not comply with the Ontario Building Code.

The Discipline Committee accepted a joint submission to revoke the member's licence and publish his name.

For the holder, the Committee ordered a reprimand to be recorded on the register for one year and publication of its name, noting its extensive cooperation and remediation efforts.

The plaintiffs purchased a home and subsequently discovered foundation settlement and a sloping kitchen floor.

They sued their home inspector for negligence, alleging failure to identify and report structural defects.

The court found that while the inspector was not negligent regarding the sub-surface soil conditions and differential settlement, he breached the standard of care by failing to effectively report the significant slope in the kitchen floor in his written report.

The plaintiffs were awarded $18,645 in damages for the cost to level the kitchen floor.