OFCD Ontario Fire Code Defence

Courts & Case Law

Where Fire Code cases are heard — and what courts have said.

Fire Code charges aren't criminal charges, but they're decided in real courtrooms with real consequences. Find your courthouse, see how a case moves, and read the decisions and 2026 sentences that shape what you're facing.

Three places a Fire Code matter can end up

Which one depends on whether you're fighting a charge or an order.

Charges
Provincial Offences Court

Part of the Ontario Court of Justice, run locally by municipalities. This is where Fire Code prosecutions are heard — usually before a justice of the peace.

Orders
Fire Safety Commission

An independent tribunal (part of Tribunals Ontario) that hears appeals of Fire Marshal orders. No filing fee.

15 Grosvenor Street, Ground Floor, Toronto
1-888-444-0240 · FSCRegistrar@ontario.ca

FPPA s. 26
Appeals
Appeal courts

A conviction by a justice of the peace is appealed to a judge of the Ontario Court of Justice, within 30 days. A Fire Safety Commission decision can go to the Divisional Court on questions of law.

POA ss. 116, 135 · FPPA s. 27

How a charge moves through court

From summons to sentence

A typical Fire Code prosecution in Provincial Offences Court.

01
Summons or offence notice
You're served with a document naming the Fire Code or Act provision allegedly breached, the defendant, and your first court date. Check the defendant's name carefully — owner, tenant, corporation, or director.
02
First appearance
In person, by video, or through a representative. You don't have to plead on day one — this is usually where you confirm representation and request disclosure.
03
Disclosure & resolution discussions
You're entitled to the prosecution's evidence — inspection reports, the inspector's notes, photos, property and corporate searches. Many files resolve at this stage through negotiation with the prosecutor.
04
Trial
Heard before a justice of the peace. The prosecution calls its evidence first; you can cross-examine, call your own evidence, or bring applications. The court decides the charge.
05
Sentencing & appeal
On conviction, the court sets the fine and can add probation or jail up to the statutory maximums. On a summons, the notice of appeal must be served within 30 days of the decision, then filed within 5 days after that.

Sources: Ontario Court of Justice, "Guide for Defendants in Provincial Offences Cases" and "Guide to Appeals in Provincial Offences Cases"; Provincial Offences Act, R.S.O. 1990, c. P.33.

Find your court

Every Provincial Offences courthouse in Ontario. Your summons names the court your case is in — search by city, region, or street.

Addresses from the Government of Ontario's list of Provincial Offences court locations; GTA phone numbers from each municipality's court services. Toronto South moved from Old City Hall to 92 Front Street East on March 5, 2025. Locations change — always go by the courthouse printed on your summons.

Leading decisions

The case law behind every Fire Code prosecution

Fire Code offences are "public welfare" offences. These appellate decisions set the rules for how they're proven and how they're sentenced.

R. v. Sault Ste. Marie (City)
[1978] 2 S.C.R. 1299
Supreme Court of Canada

Created the category of "strict liability" offences. For public welfare offences, the prosecution doesn't have to prove intent — proving the prohibited act is enough, unless the defendant shows it took all reasonable care.

This is the framework nearly every Fire Code charge is decided under.

Read on CanLII ↗
R. v. Wholesale Travel Group Inc.
[1991] 3 S.C.R. 154
Supreme Court of Canada

Upheld as constitutional the rule that, in regulatory offences, the defendant carries the burden of proving reasonable care on a balance of probabilities.

Once the violation is proven, the onus is on you — which is why records and preparation matter from the start.

Read on CanLII ↗
R. v. Cotton Felts Ltd.
(1982), 2 C.C.C. (3d) 287
Ontario Court of Appeal

Deterrence is the primary goal when sentencing regulatory offences. Fines are set with regard to the defendant's size, the harm or risk involved, the statutory maximum, and what's needed to deter.

It's why a corporation can face a far larger fine than an individual for the same violation.

Ontario (Labour) v. Flex-N-Gate Canada Company
2014 ONCA 53
Ontario Court of Appeal

Doing what the law already required — including complying with an order after the fact — isn't in itself a mitigating factor on sentence.

Decided under the Occupational Health and Safety Act and widely cited in regulatory sentencing. Fixing the problem is necessary, but timing and what you did before the inspection matter.

Read on CanLII ↗

In the news

Fire Code sentences in Ontario, 2026

Publicly reported outcomes this year, newest first. Owners aren't named here; follow the source for the full report.

DateWhereProperty & chargesOutcomeSource
2026 Toronto Handled by Jorgen WongRetail premises, corporate defendantObstructed means of egress, following a 7-item Notice of Violation $15,000 negotiated pleavs. $500,000 maximum Our file (anonymized)
Sep 2026 Kingston Multi-unit residential, after a fatal 2023 fireGuilty plea to 3 counts — fire-rated doors, CO alarm, fire extinguisher; 6 further charges dropped $30,000+ 1 year probation CBC News ↗
Aug 2026 Brampton House converted from 2 to 4 units without permits; fatal 2023 fire7 convictions — fire separations, smoke & CO alarms 135 days' custody+ $50,000 in fines, 2 years probation City of Brampton ↗
Jul 2026 Huntsville Multi-unit rentalFailing to comply with an inspection order (combustibles in a fuel-fired service room) after 10 months of compliance attempts $10,000 Town of Huntsville ↗
Jun 2026 Toronto (East York) Apartment buildingCorporate owner and its director, fire safety non-compliance $300,000 corporation+ $20,000 director CP24 ↗
May 2026 Toronto (East York) Apartment buildingIndividual owner, fire safety non-compliance 15 days in jail+ $120,000 fine CP24 ↗
Feb 2026 Guelph Rental townhouse complex, after a fatal 2024 fireNon-working smoke alarms, missing CO alarms $37,500 in fines+ 2 years probation; 50 days' jail for one owner City of Guelph ↗

Fines shown are before the mandatory victim fine surcharge. News reports are summaries; they aren't legal precedent, and every case turns on its own facts. Past results don't guarantee future outcomes.

Have a court date coming up? Get a lawyer on the file before it.