In 1854882, the parties had executed an agreement of purchase and sale. Upon discovering that there was an active building permit on the garage of the building, the respondent’s counsel indicated that the open building permit was not a valid requisition.
Samuel Marr and David Fogel argued successfully on behalf of the applicant that the open building permit was a cloud on title and a valid objection.
https://www.canlii.org/en/on/onsc/doc/2013/2013onsc4310/2013onsc4310.html?resultIndex=1