Susan E. Healey

The appellants appealed an order dismissing their motion for summary judgment.

The parties agreed that the order was interlocutory, not final, and therefore the Court of Appeal lacked jurisdiction.

The Court quashed the appeal, noting that findings of fact made in dismissing a summary judgment motion do not support res judicata or issue estoppel unless expressly made under Rule 20.05(1).

No costs were awarded.

The appellant appealed a decision confirming an order of the Chief Building Inspector under s. 17(1) of the Building Code Act, arguing that the order must be in writing.

The Court of Appeal dismissed the appeal, holding that the current statutory provision does not require the order to be in writing and contemplates that it can be given orally and subsequently reduced to writing.

The protection for the owner is found in s. 17(7), which requires the chief building official to apply to a judge for confirmation of the order.