Decisions of the Court of Appeal

Decision Information

Bozanis v. Clarington (Municipality)

Collection Decisions of the Court of Appeal
Date 2004-12-07
Docket numbers C41522
Judges McMurtry, Roy; Goudge, Stephen Thomas; Blair, Robert Ashley
Subject Civil

Decision Content

DATE: 20041207
DOCKET: C41522

COURT OF APPEAL FOR ONTARIO

RE:

JAMES BOZANIS (Appellant) v. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Respondent)
   

BEFORE:

McMURTRY C.J.O., GOUDGE AND BLAIR JJ.A.
   

COUNSEL:

N. Cameron Murkar
 

for the appellant
   
 

Lara Edwards
 

for the respondent
   

HEARD & ENDORSED:

DECEMBER 7, 2004

On appeal from the order of Justice Sheppard dated February 13, 2004.

APPEAL   BOOK   ENDORSEMENT

[1]               In our view, the provisions of s. 27(2) of the Building Code Act were unavailable in the circumstances of this case.  The appellant failed to discharge his obligation under the Assessment Act in failing to notify the Municipality of his change of address.

[2]               The Municipality complied with the notice provision under s. 27(2) of the Building Code Act which is all that is required. 

[3]               The appeal is therefore dismissed with costs fixed at $3,500.

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