Melanie Jean Mayhew-Hammond

The appellant, Harvey Colin Quinlan, appealed a sentence of a $40,000 fine and 12 months probation for violating s. 8(1) of the Building Code Act by commencing construction without a permit.

The appellate court found the original sentence demonstrably unfit and based on errors in principle, as it fell outside the established jurisprudential range of $500-$5000 for similar first offences.

The court emphasized the importance of considering mitigating factors, such as the appellant's self-reporting, efforts to mitigate harm by hiring an engineer, and pro-social motive (providing low-cost housing for vulnerable seniors), which the trial judge had largely ignored.

The appeal was allowed, and the fine was reduced to $2,000, while the probation term remained.

The Court of Appeal for Ontario considered appeals from a partial summary judgment granted by the Superior Court of Justice.

The parties agreed that the motion judge's refusal to grant a stay of the partial summary judgment constituted an interlocutory order, such that any appeal lay to the Divisional Court with leave.

The Court of Appeal determined that the matter should proceed by way of leave application to the Divisional Court rather than by direct appeal.

The appeals were quashed and the request for transfer was denied.

Costs were awarded to the respondent.