Kritika Seth

The Applicant fire service applied under s. 33 of the Fire Protection and Prevention Act, 1997 for authorization to remove excessive items from the respondent's home to bring it into compliance with an inspection order.

The Fire Safety Commission declined to authorize the work, finding the applicant failed to prove the respondent was unlikely to comply or that the current conditions posed a serious and immediate fire hazard.

Exercising its discretion under s. 33(5), the Commission rescinded the requirement for 3-foot egress routes and amended the storage height and clearance requirements to target specific fire safety hazards, such as smoke alarm operation and proximity to ignition sources.

The appellant sought to appeal a decision of the Brampton Appeal Tribunal upholding a Property Standards Order under the Building Code Act, 1992.

The appeal was brought before a panel of the Divisional Court.

The court determined it lacked jurisdiction, as section 15.3(4) of the Act requires such appeals to be heard by a single judge of the Superior Court of Justice.

The matter was transferred to the Superior Court of Justice pursuant to section 110 of the Courts of Justice Act.