Paul Johnston

The Owner requested a review of a TLAB decision that allowed a neighbour's appeal and refused minor variances for a residential rebuild.

The Owner argued the original presiding member failed to consider all evidence, misinterpreted Official Plan policies regarding neighbourhood character, and was deprived of new evidence because a zoning by-law amendment permitting the proposed side wall height was enacted shortly after the hearing.

The reviewing member dismissed the request, finding no error of law or fact in the original decision's qualitative and quantitative analysis.

The member also held that legislative changes enacted after a hearing concludes do not constitute 'new evidence' under the tribunal's review rules.