Mr. Layton

The appellant requested a review of a TLAB decision that dismissed their appeal and confirmed the Committee of Adjustment's refusal of variances for a fourplex development.

The appellant argued the presiding Member breached procedural fairness by disregarding uncontested expert evidence and erred in law by finding the variances failed the four tests.

The reviewing Member dismissed the request, holding that an adjudicator is not bound to accept expert opinion as fact and that the original Member provided reasonable grounds for concluding the height-related variances did not maintain the general intent of the Official Plan regarding low-rise built form.