In the second case, Rothfield v. Manolakos, 1989 CanLII 17 (SCC), [1989] 2 S.C.R. 1259, a building inspector issued a building permit for a retaining wall based on a rough sketch, despite the fact that the plan had not been certified by a professional engineer. Construction began, but neither the owner nor the builder advised the city that construction had reached a stage at which an inspection was required. When inspectors did attend, most of the wall had been completed and it was not possible to conduct a proper inspection. The inspector directed that further backfilling be delayed in order to determine if there was any movement. When the wall did not move over the next 20 days, the builder finished the backfilling. Months later, the wall collapsed.
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