The appellants appealed a decision of the Toronto Local Appeal Body (TLAB) Chair, who had cancelled a TLAB member's decision granting the appellants' application for property severance and minor variances.
The appellants argued they were denied procedural fairness during the review process and that the Chair applied an incorrect standard of review.
The Divisional Court dismissed the appeal, finding that the TLAB met its duty of procedural fairness by providing notice and an opportunity to make submissions, and that the Chair applied the correct standard of review by identifying compelling grounds of jurisdictional and factual errors before substituting his own findings.
