Petitioners successfully sought judicial review of a decision made by the Agricultural Land Commission, which had refused a subdivision request

19. October 2021 0
Administrative law – Decisions reviewed – Agricultural Land Commission – Judicial review – Standard of review – Reasonableness – Municipalities – Planning and zoning – Agricultural Land Reserve Bajich Estate v Provincial Agricultural Land Commission, [2021] B.C.J. No. 1938, 2021 BCSC 1755, British Columbia Supreme Court, September 3, 2021, W.A. Baker J. In October 2019, ...

Agricultural Land Commission’s interpretation of legislation was unreasonable

15. January 2019 0
Administrative law – Decisions reviewed – Agricultural Land Commission – Municipalities – Planning and zoning – Judicial review – Compliance with legislation – Standard of review – Reasonableness Guse v. Provincial Agricultural Land Commission, [2018] B.C.J. No. 3624, 2018 BCSC 1983, British Columbia Supreme Court, November 9, 2018, R.J. Sewell J. The Agricultural Land Commission ...

Judicial review from Agricultural Land Commission reconsideration on basis of denial of procedural fairness

28. October 2014 0
Administrative law – Decisions of administrative tribunals – Agricultural Land Commission – Notice requirements – Judicial review – Procedural requirements and fairness – Compliance with legislation McCall v. Agricultural Land Commission, [2014] B.C.J. No. 2285, 2014 BCSC 1717, British Columbia Supreme Court, July 15, 2014, E.M. Burke J. The petitioners were owners of eight separate parcels ...

An owner of property (“Gowman”) that was located within the Agricultural Land Reserve (the “ALR”) was successful in having a resolution of the Provincial Agricultural Land Commission (the “Commission”) removing 15 hectares of a neighbouring property owned by H.F. Nodes Construction Ltd. from the ALR declared a nullity on the basis that one of the commissioners involved in the decision was biased

28. April 2009 0
Administrative law – Decisions of administrative tribunals – Agricultural Land Commission – Municipalities – Planning and zoning – Agricultural Land Reserve – Removal process – Notice requirements – Compliance with legislation – Judicial review – Bias Gowman v. British Columbia (Provincial Agricultural Land Commission), [2009] B.C.J. No. 364, British Columbia Supreme Court, February 27, 2009, ...