The appellant appealed an acquittal on a charge of failing to comply with an Order to Comply issued under the Building Code Act.
The respondent, a property owner, had leased commercial premises to a tenant who performed unauthorized construction.
The respondent received an order to comply but argued it did not apply to them as the landlord.
The trial court acquitted the respondent based on lack of collateral attack and due diligence.
On appeal, the court found the respondent was engaged in an impermissible collateral attack but upheld the acquittal based on the trial court's finding of due diligence, which was reasonably supported by the evidence.
