H. Bourgeois

The appellant appealed an acquittal on a charge of failing to comply with an Order to Comply issued under the Building Code Act.

The respondent, a property owner, had leased commercial premises to a tenant who performed unauthorized construction.

The respondent received an order to comply but argued it did not apply to them as the landlord.

The trial court acquitted the respondent based on lack of collateral attack and due diligence.

On appeal, the court found the respondent was engaged in an impermissible collateral attack but upheld the acquittal based on the trial court's finding of due diligence, which was reasonably supported by the evidence.

A courier company appealed a conviction for parking a vehicle in a designated accessible parking space without displaying a valid permit.

The appellant argued that the vehicle was "standing" rather than "parked" and that the common law exception for loading and unloading merchandise applied.

The court upheld the conviction, finding that the by-law clearly prohibited parking, standing, or leaving unauthorized vehicles in accessible spaces, and that the appellant's vehicle was left unattended for an unreasonable period while the driver completed a delivery to an upper floor of a building.

The court rejected arguments based on common law exceptions and statutory interpretation, emphasizing the remedial purpose of accessibility legislation.