The applicant sought judicial review of the respondent municipality's decisions to approve planning applications and a demolition permit for the respondent theatre company's heritage theatre, located in a heritage conservation district.
The Divisional Court dismissed the application, finding that the applicant, a local building corporation, lacked both private and public interest standing to challenge the decisions.
In the alternative, the court held that the municipality's decisions to permit the demolition and exempt the new theatre from parking requirements were reasonable, as they were based on extensive consultation, expert reports, and a balancing of heritage conservation with accessibility and economic benefits.