The City of Mississauga prosecuted Peel Standard Condominium Corporation #833 for failing to comply with Orders to Comply issued on February 25, 2010, under the Building Code Act, 1992.
The Orders required the condominium corporation to remedy unauthorized alterations made by the builder-developer to exterior decks and front entrance canopies that deviated from approved construction plans.
The defendant condominium corporation was charged with two counts of "building not in accordance with approved plans" and two counts of "failing to comply with an order." The prosecution dismissed the first two charges as statute-barred.
The court found that while the defendant committed the actus reus of failing to comply with the Orders, it had taken all reasonable steps in the circumstances to comply by pursuing a warranty claim with Tarion (the Ontario New Home Warranties Plan administrator) rather than immediately undertaking costly remediation.
The court acquitted the defendant on all charges, finding that the defendant's pursuit of the warranty claim was a valid and reasonable route given the exceptional circumstances, the substantial costs involved, the lack of immediate safety concerns, and the defendant's lack of involvement in the unauthorized alterations.
