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Building permit appeal dismissed; pending restrictive amending by-law correctly considered as applicable law.
The appellants appealed a decision dismissing their appeal of the Chief Building Official's refusal to issue a building permit for a single-family home.
The property had been inadvertently rezoned to permit such a home due to a clerical error, which the Town subsequently corrected with an amending by-law.
The Divisional Court dismissed the appeal, holding that the Chief Building Official correctly considered the pending, more restrictive amending by-law as 'applicable law' under the Building Code Act when making her decision, as it would have retroactive effect once appeals were exhausted.
Order set aside as new material showed the underlying action was not dormant.
The appellant appealed an order of the motions judge, which was based on the finding that the underlying action had been lying dormant since 1996.
The Court of Appeal reviewed new court material not available to the motions judge, which demonstrated the action was not dormant.
The Court set aside the order in the interests of justice, allowing the respondent to renew its motion with full consideration of the delay.
