The City of Oshawa appealed a trial justice's decision quashing an Information charging a corporation with failing to obtain a building permit for renovations to an aircraft hangar at the Oshawa Airport.
The trial justice found that the doctrine of interjurisdictional immunity applied, immunizing the respondent from provincial building code enforcement because the property was integral to federal jurisdiction over aeronautics.
The appellate court dismissed the appeal on the merits, finding the trial justice correctly applied the doctrine.
However, the court set aside a costs award of $111,000 plus HST against the prosecution, finding insufficient evidentiary foundation for such an award and palpable and overriding error in the trial justice's reasoning regarding the conduct of the prosecutors and the City of Oshawa.
