DATE: 20041207

DOCKET: C41522

COURT OF APPEAL FOR ONTARIO

RE: JAMES BOZANIS (Appellant) v. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Respondent)

BEFORE: McMURTRY C.J.O., GOUDGE AND BLAIR JJ.A.

COUNSEL: N. Cameron Murkar for the appellant Lara Edwards for the respondent

HEARD & ENDORSED: DECEMBER 7, 2004

On appeal from the order of Justice Sheppard dated February 13, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view, the provisions of s. 27(2) of the Building Code Act were unavailable in the circumstances of this case. The appellant failed to discharge his obligation under the Assessment Act in failing to notify the Municipality of his change of address.

[2] The Municipality complied with the notice provision under s. 27(2) of the Building Code Act which is all that is required.

[3] The appeal is therefore dismissed with costs fixed at $3,500.