The appellant appealed an order confirming emergency orders issued by the municipality's Chief Building Official under the Building Code Act, which required the appellant to pay the costs of terminating an immediate danger posed by an exposed wall.
The appellant argued the application judge failed to consider equitable set-off.
The Court of Appeal dismissed the appeal, finding that the appellant had not raised the issue of equitable set-off before the application judge and it would be contrary to the interests of justice to allow the new argument on appeal.
