Applicant: 2811230 Ontario Limited (“281Ont”), owned by Alisa Chaly.
Respondents: City of Niagara Falls, Mayor James Diodati, and Brian Sparks (Municipal Enforcement Officer).
Property: 5759 Robinson Street, Niagara Falls.
Issue: 281Ont conducted renovations without obtaining a building permit. The City issued an Order to Comply (OTC) under the Building Code Act and registered it on title, affecting the ability to sell or refinance the property.
Key Facts
June 2022: City received complaints about unpermitted renovations. An inspection confirmed extensive alterations.
June 22, 2022: City issued an OTC, requiring 281Ont to apply for a building permit or remove unauthorized work.
August 31, 2022: The City registered the OTC on title, notifying potential buyers or mortgagees of the violation.
No Appeal: 281Ont did not appeal the OTC within the allowed timeframe.
Legal Proceedings
Foreclosure Judgment (Dec 2024): Jay Patel, a lender, foreclosed on the property, obtaining possession via court order.
Current Application (Jan 2025): 281Ont sought to remove the OTC from title, arguing it hindered property transactions.
City’s Defense: The OTC serves to inform the public of unpermitted renovations and remains valid until compliance is confirmed.
Court's Decision
Adjournment Denied: The foreclosure did not remove 281Ont’s standing to challenge the OTC.
Application Dismissed: The court ruled that removing the OTC would undermine consumer protection, as it alerts potential buyers/lenders to uninspected and possibly unsafe renovations.
Costs: The City is entitled to costs, with parties encouraged to settle; otherwise, written submissions will determine the amount.
