Meghan Faught

The Court of Appeal for Ontario heard an appeal from a Divisional Court order that had allowed appeals from a Superior Court order.

The Court of Appeal agreed with the Divisional Court's reasoning and conclusions, dismissing the appeal.

The parties also agreed on an all-inclusive costs award of $35,000 payable by the appellant to the respondents, covering all levels of court proceedings, including the motion for leave to appeal.

The applicant, Luke Vitale, sought costs after successfully appealing a City of Toronto Order to Comply regarding his property's dwelling units.

Although Vitale's application was granted on terms, the court found a fatal flaw in the City's order.

Despite Vitale's technical victory, the court noted his unnecessary maligning of the City and mutual miscommunications.

The City sought no costs.

The court ultimately ordered no costs, deeming it a technical victory for Vitale but satisfying the City's concerns, concluding that no order as to costs was appropriate.

The applicant, a real estate developer, appealed a Building Code Act Order to Comply issued by the City of Toronto, which mandated reverting his five-unit residential multiplex to a three-unit dwelling.

The property, originally a single-family home, was converted to multiple units before the applicant's purchase in 2011, and was zoned for single-family use in 1963.

The City initiated prosecution for non-compliance.

The court found the City's Order, issued under s. 10(1) of the Building Code Act, was based on an error of law, as that section applies to a change in use by the current owner, not a pre-existing condition.

Despite the appeal being out of time, an extension was granted.

The appeal was allowed on terms that the property must be used for only three dwelling units, aligning with the Act's public welfare objectives.