The appellants challenged a municipal zoning by-law that converted agricultural land to residential use, arguing that an alderman who voted on the by-law was disqualified due to a reasonable apprehension of bias.
The alderman had made public statements indicating he would not change his mind on the rezoning.
The Supreme Court of Canada held that a municipal councillor is only disqualified by bias if they have prejudged the matter to the extent of being no longer capable of persuasion.
Finding that the alderman had not closed his mind entirely, the Court dismissed the appeal.
