The Corporation of the Township of Dawn-Euphemia sought court orders to confirm an emergency demolition order issued under the Building Code Act, 1992, and to recover $30,652.86 in costs incurred for the demolition.
The respondents, property owners, opposed, arguing the Municipality acted unreasonably and denied them an opportunity to respond.
The court found the emergency order unreasonable due to the Municipality's failure to provide evidence of non-conformity with a specific property standards by-law and lack of particulars in the order.
Additionally, the court found the Municipality's failure to provide the property owners with notice and an opportunity to inspect and remediate prior to demolition was procedurally unfair.
The emergency order was rescinded, and the Municipality was denied cost recovery.
