The respondents appealed to the Ontario Municipal Board after the City of London failed to address their applications for zoning amendments and site plan approval for two apartment buildings.
The Board allowed the appeal in part, approving one building instead of two.
The City appealed to the Divisional Court, which dismissed the appeal.
On further appeal, the Court of Appeal held that while the Divisional Court erred in applying a patent unreasonableness standard of review rather than correctness or reasonableness, the result was correct.
The Court also rejected the City's argument that it was denied natural justice, finding that section 88 of the Ontario Municipal Board Act provided adequate notice that the Board could grant partial relief.
