The applicant sought judicial review of a municipal Appeal Committee decision upholding the refusal of a business licence for his night club.
The Divisional Court found that the hearing was procedurally unfair because the municipality's lawyer acted as both counsel and witness, and the applicant was effectively denied the right to present his case.
The court also held the decision was unreasonable as it lacked intelligible reasons explaining why the appeal was denied.
The decision was quashed and remitted to a different appeal committee for reconsideration.
