There haven’t been many in the past decade, however on Monday the city received word of a small victory in the Sutherland saga.
City manager Wendell Graves informed council a panel of three appeal court justices ruled in the city’s favour, advising a lower court erred in its determination last September that a notice issued in March of 2016 warning of demolition of the four-storey structure for failure to comply with a previous work order was null and void.
It was a question posed by one of three appeal court justices that cut to the chase in the latest snafu associated with the Sutherland Saga.
Wednesday morning at Osgoode Hall in Toronto, she queried why “a defect in service would make an order null and void.”
Specifically, why would an alleged deficiency in the manner in which Chris Peck, the city’s chief building inspector, delivered a notice to building owner David McGee, warning of demolition of the structure for failure to comply with a previous work order, render it null and void?
Well, that was the determination of Justice Kelly Gorman on Sept. 27 of last year at the Elgin County Courthouse, which let to the city’s appeal of that decision heard last week.