The moving party sought leave to appeal a decision of the Toronto Local Appeal Body that denied its applications for severance and minor variances to build two single-family homes.
The moving party argued the member applied the wrong statutory test and misapprehended expert evidence regarding street and lot frontages.
The Divisional Court dismissed the motion, finding that the member applied the correct legal test, the evidentiary issue did not raise an extricable question of law, and the issues were not of sufficient general or public importance to warrant granting leave.
