The City of Toronto appealed a decision ordering its Chief Building Official to issue building permits for sun rooms using sandwich panels and to evaluate the applicant's load test data.
The City argued that section 9(1) of the Building Code Act granted the official discretion to refuse to evaluate test results if the testing method was not specified in the Building Code.
The Divisional Court dismissed the appeal, holding that section 9(1) does not grant discretion to defeat applications relying on design methods authorized in the Building Code, such as load testing.
The court also upheld the motions judge's factual finding that the submitted data was adequate and dismissed the appeal on costs.
