This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).
Mr. Faulkner appealed a decision by the Eastern Newfoundland Regional Appeal Board, which had reviewed and upheld a decision by the City of Mount Pearl to issue a conditional development permit for the construction of two apartment buildings in the Waterford River area. Among other things, Mr. Faulkner had concerns regarding the impacts that the development could have upon the City’s flood plain and capacity to manage flood risks. He alleged that the Board had erred in law or exceeded its jurisdiction by failing to find that two of the City Councillors who approved the development were in conflicts of interest, as well as by failing to find that the proposed development violated the Mount Pearl Municipal Plan.
The Court held that although the Board had not erred in finding that the proposed development did not violate the Mount Pearl Municipal Plan, the Board’s decision was unreasonable because it did not explain its reasons for concluding that the two City Councillors whom Mr. Faulkner alleged were in conflicts of interest had not given rise to reasonable apprehensions of bias. The Court therefore referred the matter back to the Board.