Is a failure to appeal an order of the Fire Marshall an acceptance of a final order?
Ontario, Canada
The following excerpt is from Collins v. 1660514 Ontario Inc., 2013 ONSC 4960 (CanLII):
The appellant’s position is that by failing to appeal the order of the Fire Marshall, the respondents are deemed to have accepted it as a final order. The appellant relies on Stevenson v. The Corporation of the Town of Gravenhurst, [2010] O.J. No. 3003 as authority for the proposition that failure to appeal equates to acceptance of an order as final. That was a building code case. It is fundamentally different in that the order there did not provide for alternate methods of compliance, and it did not refer the matter in issue back to the original decision maker to consider the alternate proposals.
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