The applicant sought an order compelling the municipality to issue a building permit for a parcel created through a series of intra-family conveyances designed to circumvent the Planning Act.
The court examined whether the parcel constituted a valid lot and whether the municipality could refuse the permit under the Building Code Act on the basis of contravention of other applicable law.
The court held that the initial conveyances forming the root of title were fraudulent and constituted a deceit upon the Planning Act because the purported vendors were never owners of the land.
As a result, the deeds were invalid and could not create a valid chain of title or be cured by the 40‑year rule, Planning Act statements, or subsequent conversion to land titles.
The court concluded that the building permit application was the “fruit from the poisoned tree” and refused to grant relief.
