The applicant, a body rub parlour operator, appealed the Chief Building Official's (CBO) decision to issue a building permit to a competitor (the respondent) in the same building.
The appeal concerned the interpretation of a zoning by-law that prohibited certain commercial uses on properties "fronting" on the west side of Victoria Park Avenue for a depth of 60m.
The building's main entrance was on a side street, but its side wall ran along Victoria Park Avenue.
The court found the applicant had standing as a business competitor and that the CBO's decision should be reviewed on a reasonableness standard.
Interpreting "front" in the context of the by-law's policy to organize land uses along the main thoroughfare, the court concluded that the building "fronted" on Victoria Park Avenue.
Therefore, the respondent's body rub parlour was not a permitted use in that zone, and the building permit was improperly issued.
