Dana Jenkins, Brampton development planner, also testified Wednesday and refuted Elbasiouni’s argument about the land grading being too low. She said erecting such a large fence could create a “fortress type environment.”

Homeowners didn’t hide their frustration at being handed another twist to this drawn out planning saga.

They were hoping for a resolution to an issue that has angered neighbours and fuelled intense debate in the city.

Elbasiouni has been locked in legal wranglings since 2013 when the City ordered him to demolish the structure, which called for eight bedrooms, 10 bathrooms and more than 11,000 square feet of living space.

Residents and councillors argue the house is bigger than what was allowed under the city’s zoning bylaws. Elbasiouni has maintained all along that he received approval from the city to build the home.

Elbasiouni told the hearing Wednesday that he is the victim of discrimination and accused the City and staff of “complicating matters and misguiding officials.”

But the legal battle is set to continue before the courts later this year where Elbasiouni will make the case that the structure should be classified as a “two-family duplex” (up to this point the proposed home has been pitched as a single family dwelling) and therefore an acceptable use for that property.

“This is the first time we’ve heard that it is now being deemed a duplex and we’re not happy about that,” said Murphy, following the hearing.

Stefanko said it could take him up to seven weeks to issue a judgment.