PLANNING AND DEVELOPMENT - Building regulations - Building permits

Law360 Canada (February 4, 2021, 6:12 AM EST) -- Appeal by Irwin from an appeal judge’s decision setting aside his acquittal on charges for failure to comply with orders under the Building Code. The orders required him to obtain building permits for certain structures on his property or remove them. At trial, Irwin argued that in respect to five of the buildings he had obtained the required building permit years before the orders were issued and that he did not require building permits with respect to the other two buildings. The respondent argued that these defences were unavailable because they amounted to a collateral attack on the orders. The justice of the peace who conducted the trial found that the collateral attack rule was inapplicable and acquitted Irwin. On appeal, the appeal judge found that the justice of the peace erred in law on the issue and that the collateral attack rule precluded Irwin from asserting his defences....
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