DATE: 20051104

DOCKET: C43364

COURT OF APPEAL FOR ONTARIO

RE:

BRIAN GASS, CHIEF BUILDING OFFICIAL OF THE CORPORATION OF THE TOWN OF PENETANGUISHENE (Respondent) –and– KELLY MATTHEW LITTLEJOHNS (Appellant)

BEFORE:

LASKIN, ROSENBERG and LAFORME JJ.A.

COUNSEL:

Susan E. Healey

for the appellant

Michael M. Miller

for the respondent

HEARD & ENDORSED:

November 4, 2005

On appeal from the judgment of McIsaac J. of the Superior Court of Justice dated March 22, 2005 made at Barrie, Ontario.

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

[1] The only issue on the appeal is whether the order of the Chief Building Inspector under s. 17(1) of the Building Code Act must be in writing. The appellant contends that it must be and points to the requirement for particulars in s. 17(1) itself and to the requirement for service in s. 17(3).

[2] We do not agree with this contention. The current statutory provision, unlike its predecessor, does not require the order to be in writing. Instead, s. 17(1) contemplates that the order can be given orally and subsequently reduced to writing. On the material before us, that is what occurred here. The protection for the owner is found in s. 17(7) of the statute, which requires that the chief building official apply to a judge of the Superior Court for confirmation of an order under s. 17(1)/

[3] Accordingly, the appeal is dismissed with costs fixed at $7,000.00 inclusive of disbursements and G.S.T.