PLAN471 Study Guide - Final Guide: Ultra Vires, Convenience Store, Multicolor
3 Apr 2016
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8(1) no person shall construct or demolish a building unless a permit has been issued by the chief building official. 8(2) building official shall issue a permit unless it a) contravenes the act or other law, may issue a conditional permit if not totally compliant under (2) 23(1) may appeal decision to building code commission, issues final decision. 25 (1) may appeal to divisional court where it may be sent to commission. Appeals under s. 25 of the building code act. Woodglen v. north york (court of appeal, july 1983) Issues: what is the application of mandamus, municipality was changing by-law with it before the omb, should it be the active or proposed by-law that the application is evaluated against. Should applicant appeal under s. 15 (now s. 25) for this type of matter. Ratio: no evidence of malicious intent or bad faith by municipality to implement new by- laws. Woodglen v. north york (divisional court, september 1983)
