The applicant sought judicial review of a decision by Toronto City Council denying variances to the City's sign by-law for an electronic billboard.
The applicant argued that the City Council and the Community Council breached procedural fairness and that the local councillor's participation raised a reasonable apprehension of bias.
The Divisional Court held that while the decision was administrative and attracted a duty of fairness, the duty was at the lower end of the spectrum.
The court found that the applicant was afforded adequate procedural fairness and that the local councillor's actions did not constitute a disqualifying bias given his representative role.
The application for judicial review was dismissed.
