Can a municipality recover the fees awarded by a professional engineer for an opinion that the building was unsafe?
Ontario, Canada
The following excerpt is from Corporation of the Municipality of South Bruce v 1260964 Ontario Inc., 2015 ONSC 2206 (CanLII):
In the case before me, the applicant municipality had obtained an opinion from a professional engineer that the building was unsafe. The applicant municipality therefore seeks an order recovering the fees of that professional engineer as part of the expense to terminate the danger under section 15.10(8) of the Building Code Act, 1992. These facts are similar to those in Shaw v. Dorion (Municipality), [2007] O.J. No. 3945, where the court permitted the municipality to recover the engineering fees for the inspection and report given by the engineer. The professional fees awarded were then characterized as a lien upon the land of the respondent corporation.
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