The appellant appealed a decision of the Condominium Authority Tribunal ordering him to remove a structure, originally gym equipment, from his balcony.
The Tribunal found the structure was not 'seasonal furniture' permitted under the condominium rules.
On appeal, the appellant argued the Tribunal misapprehended evidence by ignoring dictionary definitions and erred by relying on a Google search not in evidence.
The Divisional Court dismissed the appeal, finding no misapprehension of evidence and no error of law, as the appellant had not objected to the Google search at the hearing.