The appellant residents association challenged a municipal rezoning that permitted a condominium development, arguing that a municipal councillor who had previously supported the development was disqualified by a reasonable apprehension of bias.
The Supreme Court of Canada held that the strict test for reasonable apprehension of bias does not apply to municipal councillors acting in their legislative capacity, unless they have a personal interest.
A councillor is only disqualified for prejudgment if their mind is so closed that any representations would be futile.
The Court also found that the rezoning application complied with statutory requirements and conformed to the city's development plan.
The appeal was dismissed.
