Ms. James

The applicant requested a review of a TLAB decision that refused applications for consent to sever and associated minor variances.

The original hearing was reassigned to a new Member after the presiding Member became incapacitated.

The applicant argued that the reassignment process denied them procedural fairness and that the new Member made errors of law and fact in assessing neighbourhood character and prevailing lot size.

The TLAB Vice Chair dismissed the review request, finding no breach of procedural fairness and concluding that the applicant was attempting to re-litigate contested issues without establishing any definable errors of law or fact.