I accept the statement by Justice Hackland in Berjawi et al v. The City of Ottawa et al. supra, at para. 8: Although s. 25 of the Building Code Act sets out a broad test for standing, I accept that an appellant’s belief that he or she is “aggrieved” must be reasonable and not fanciful and should demonstrate some nexus or connection between the decision complained of and some legitimate interest of the appellant. That test is fully satisfied in this case. Neighbouring land owners have a clear interest in land use in their immediate neighbourhood and in seeing that proposed construction does not contravene municipal by-laws. The evidence filed in the City’s motion record fully sets out the nature of the neighbours’ concerns with this project. The City itself recognized the neighbours’ legitimate interest in these issues by participating in an extended dialogue, by correspondence and public meetings. In the court’s opinion, the applicants are reasonably and appropriately interested in the issues raised and clearly have standing to bring this appeal.
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