This is an appeal by the chief building official under s.38(3) of the Building Code Act (“the Act”) from the order of Casullo J. under s.38(1) of the Act (Township of Cavan Monaghan v. King’s Custom Homes Incorporated, 2021 ONSC 369). The appellant also seeks leave to appeal from the application judge’s order that the parties bear their own costs, and if leave is given, appeals it as well.
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