The appellant appealed a decision regarding the Chief Building Official's decision and an encroachment permit for a patio.
The Divisional Court dismissed the appeal, adopting the reasons of the lower court.
The court held that the lower court properly excluded legal opinions tendered through an expert witness and rejected the argument that the process was unfair due to the issue of prematurity not being raised by the parties.
Costs were awarded to the respondents on a partial indemnity basis.
