The applicants, who are neighbours of the respondent property owner, sought judicial review of a Committee of Adjustment decision approving minor variances.
Following legislative amendments that removed third-party appeal rights to the local appeal body, the applicants argued they had public interest standing to seek judicial review and alleged procedural unfairness and inadequate reasons.
The Divisional Court dismissed the application, finding the applicants lacked public interest standing, were afforded adequate procedural fairness, and that the Committee's reasons were sufficient when read in context.