Zoning By-laws and Building Code

Loopstra Nixon LLP routinely acts for both municipal and private clients in respect of zoning by-law enforcement matters. This includes defending against prosecutions brought under the Provincial Offences Act on behalf of private clients or seeking injunctive and other equitable relief before the Courts on behalf of municipal clients.

Loopstra Nixon LLP has an excellent working knowledge of the Building Code Act.  A majority of enforcement procedures under this Act are conducted pursuant to the Act itself, or under the Provincial Offences Act.  However, in certain cases, it is necessary to obtain mandatory injunctive relief in the courts.  For example, if a structure is built illegally, under certain circumstances, it may be appropriate to obtain a mandatory order to have the structure removed.  We have been involved in litigation of that nature and have successfully obtained mandatory orders from the courts for the removal of illegal structures.  In addition, we have obtained court injunctions to prevent illegal uses.

We have also acted for a number of municipalities with respect to many actions brought as a result of alleged breaches of duty by the municipality in administrating the Ontario Building Code. These defence matters often involve claims related to negligent approval of plans/drawings and/or negligent building inspection.