Matthew McGuckin

The appellant, Tek Holdings Limited, appealed an Order to Comply issued by the Chief Building Official requiring construction of a covered manure storage facility for a broiler chicken barn.

The appellant had initially obtained a building permit for an uncovered manure storage but was required to obtain a minor variance after a planning department error regarding Minimum Distance Separation (MDS) setbacks was discovered.

The Committee of Adjustment granted the variance on condition that the manure storage be covered.

The appellant subsequently constructed the facility with an uncovered manure storage, contrary to the revised permit.

The court dismissed the appeal, finding that the Order to Comply was reasonable and within the Chief Building Official's authority under the Building Code Act, 1992.

This is a decision on costs following a judgment in which both parties received monetary awards, but the net result favoured College Grain Inc. The court considered the parties’ offers to settle, the proportionality of costs, and the policy behind the Simplified Rules.

Ultimately, the court awarded College Grain Inc. $50,000 plus HST for fees and $35,886.52 for disbursements, for a total of $92,386.52, to be paid by Wilhelm Concrete.

This decision concerns a dispute between Wilhelm Concrete and College Grain Inc. (and Jay Shackelton) regarding the construction of concrete silos.

Wilhelm Concrete sought payment for unpaid invoices, while College Grain counterclaimed for damages due to alleged construction deficiencies causing water infiltration in two silos.

The court found that there were construction deficiencies in Silos 2 and 4, resulting in water infiltration, and awarded damages to College Grain for repairs and increased labour costs.

The court also determined the amount owing to Wilhelm Concrete for unpaid invoices, resolved the issue of pre-judgment interest, and found that Jay Shackelton was not personally liable.

The court provided a detailed analysis of the limitation period and the appropriate means test under the Limitations Act, 2002.

The Court of Appeal for Ontario heard appeals regarding a flooded access road.

The Township of Georgian Bluffs and the Ministry of Transportation appealed a lower court decision that found the road public, obligated the Township to maintain it, and ordered the Ministry to restore culverts and indemnify the Township.

The Crown's appeal was allowed due to procedural unfairness, as no relief was sought against the Ministry in the original application.

The Township's appeal was dismissed, affirming the public nature of the road based on historical statute labour and common law dedication and acceptance, and upholding its obligation to restore the road.