Lisa Solish

The City of Toronto appealed sentencing decisions by a Justice of the Peace who had imposed no victim surcharge on fines for provincial offences, relying on the Supreme Court of Canada's decision in R. v. Boudreault.

The appellant sought a ruling that the Justice of the Peace erred in law in declaring that no surcharge would be imposed, arguing that the Provincial Offences Act surcharge operates differently from the Criminal Code surcharge addressed in Boudreault.

The court found that the Justice of the Peace erred in law by failing to provide adequate reasons and by failing to comply with notice requirements under the Courts of Justice Act before raising a constitutional challenge.

The appellant, 1679676 Ontario Inc., appealed a Property Standards Order issued by the City of Toronto concerning three apartment buildings.

The order cited defects related to lighting and building access security.

The court, hearing the matter de novo, modified the order by deleting items related to lighting that the appellant had already complied with.

However, the court confirmed the remaining items, rejecting the appellant's argument that the three buildings constituted a single "complex" for security purposes under the Toronto Municipal Code.

The court affirmed the requirement for individual building security measures, including self-closing/locking doors and two-way communication systems for each building.

An appeal of a destruction order imposed on a dog under the Dog Owners' Liability Act.

The appellants conceded that their dog attacked two individuals but argued that a control order, rather than destruction, was appropriate.

The trial judge found the dog unpredictable and dangerous based on the severity of the attack and the owners' perceived lack of vigilance.

On appeal, the court found the trial judge made several errors in law and fact, including improperly rejecting uncontradicted evidence about the dog's prior good behaviour, relying on facts not in evidence (neutering's effect on aggression), and drawing unsupported inferences about future escapes.

The appellate court vacated the destruction order and imposed a strict control order instead.