The City of London appealed a decision granting the respondents' application to overturn the Chief Building Official's (CBO) refusal to issue unconditional building permits.
The CBO had issued permits conditional on the repair of a defective gabion wall on the property, which was subject to a site plan agreement.
The Divisional Court allowed the appeal, finding that the trial judge erred in concluding the CBO acted outside his statutory authority.
The Court held that site plan approval constitutes 'applicable law' under the Building Code Act, and the CBO lawfully imposed conditions bearing a logical nexus to the property's use and the ongoing maintenance obligations in the site plan agreement.
