The defendant landlord was charged under the Building Code Act for alterations made to a commercial unit by a tenant without a permit, and for failing to comply with a subsequent order.
The court held that the statutory language prohibiting a person from 'causing' construction without a permit did not apply to the landlord, who had no knowledge of the alterations and whose lease expressly forbade unauthorized construction.
Furthermore, the court found that even if the Act applied, the landlord established a defence of due diligence by promptly directing the tenant to obtain a permit and assisting in the process once notified of the violation.
The defendant was acquitted on both counts.
