The applicant sought judicial review of a Committee of Adjustment decision granting a minor variance to neighbouring landowners to operate a dog kennel.
The respondents challenged the applicant's standing due to recent legislative amendments limiting third-party appeal rights.
The Divisional Court found the applicant had private interest standing because the variance directly affected their ability to build on their own land.
The Court held the Committee's decision was unreasonable as it failed to articulate or apply the four-part statutory test for a minor variance and provided inadequate reasons.
The application was granted and the matter remitted to the Committee for a rehearing.
