The moving parties sought leave to appeal a decision of the Ontario Municipal Board and a subsequent Amending Order regarding their application for minor variances to a zoning by-law.
The moving parties had built a two-storey addition without a building permit and sought variances to approve it.
At the Board hearing, the moving parties raised procedural issues, alleged a reasonable apprehension of bias, and then left the hearing before evidence was called.
The Board proceeded in their absence and dismissed the appeal.
The Divisional Court dismissed the motions for leave to appeal, finding no jurisdictional error, error of law, or denial of procedural fairness by the Board.
