Ian Wallace

The self-represented applicant appealed a Make Safe Order and demolition permit issued by the City of London for properties owned by Rygar Properties, which were previously listed on the City's heritage inventory.

The applicant argued the permit violated the Planning Act and Building Code Act, and that the City committed 'demolition by neglect'.

The court dismissed the application, finding the City acted reasonably, in good faith, and within its statutory authority when issuing the orders and permits.

Costs were awarded to the respondents.

The moving parties sought to have the action declared deemed dismissed under Rule 48.15(6), to set aside two ex parte orders, and to dismiss the claim against an individual defendant.

The responding party brought a cross-motion to set aside the deemed dismissal after lengthy settlement negotiations had delayed service and counsel had overlooked the transitional dismissal regime.

Applying the Reid factors contextually, the court held the delay was adequately explained, the missed deadline was inadvertent, the motion for relief was prompt once the issue was discovered, and no significant prejudice was shown.

The deemed dismissal was set aside and service of the statement of claim was validated nunc pro tunc, but the venue transfer order was set aside and the attempt to dismiss the individual defendant's claim failed.