A ratepayers' association applied for judicial review of a school board's decision to lease a closed school site to a private developer for a seniors' complex.
The ratepayers argued the board breached a duty of fairness by failing to consult the public before approving the lease, relying on a voluntary board policy.
The Divisional Court dismissed the application, finding that the board owed no general duty of fairness to local residents regarding the disposition of surplus property.
Furthermore, the board's internal policy did not create a legitimate expectation of public consultation because it was not published or relied upon by the community.
