2 total
Compliance date for fire safety inspection order extended due to municipal building permit delays.
The appellant appealed a Review Decision of the Fire Marshal confirming an Inspection Order but extending the compliance date.
The appellant requested a further extension to complete the conversion of his building into a registered two-unit dwelling, citing municipal delays in issuing a building permit and supply chain issues for an egress window.
The Fire Safety Commission found the appellant made good faith efforts to comply and granted a short extension to December 28, 2022, to allow for final inspections and registration.
The Court of Appeal affirmed that a final settlement agreement implicitly subsumed a prior equalization payment.
The appellant sought to overturn a motion judge's decision to amend prior court orders, arguing that an equalization payment of $280,000 was still owed despite a subsequent settlement agreement.
The Court of Appeal affirmed the motion judge's finding that the final settlement agreement, which divided funds from the matrimonial home sale, was intended to settle "all outstanding issues" including the equalization payment.
The court applied the "officious bystander test" and common sense to conclude that the equalization payment was implicitly offset by other amounts owed, dismissing the appeal.
