Upchurch ats Oshawa (City)Posted March 4, 2016
2014 ONCA 425; Lerners represented the respondent City of Oshawa in this appeal. The appellant intended to construct a deck without obtaining a building permit. This led to a dispute between the appellant and the City as to whether a permit was needed. Ultimately, the appellant was charged under the Provincial Offences Act for carrying on construction without a permit. However, once the Divisional Court overturned a related construction order issued by the City against the appellant, the charge was dropped. The appellant then commenced this action against the City, alleging negligence and malicious prosecution, and seeking a total of $300,000 in damages. The trial judge dismissed the action. The Court of Appeal agreed that the City representatives had met the relevant standard of care and upheld the dismissal.