Municipal Law - Development Control - Miscellaneous
Application was brought by applicant against respondent, former Chief Building Official. Applicant brought motion to amend its notice of application, brought pursuant to section 25 of Building Code Act (“BCA”). Motion dismissed. Pleading amendments proposed by applicant were not legally tenable. They suffered from radical defect that made it plain and obvious they had no reasonable prospect of success. In particular, decision the applicant wished to appeal was not appealable decision within meaning of s.25(1) of BCA, and/or was not decision made by official.
1353837 Ontario Inc. v. Derek Pigozzo as Chief Building Official for the City of Stratford (2019), 2019 CarswellOnt 7174, 2019 ONSC 2868, I.F. Leach J. (Ont. S.C.J.).
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