This was a successful application by property owner for leave to appeal the decision of the Town of Okotoks Subdivision and Development Appeal Board approving a development permit for a daycare adjacent to the property of the Applicant

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Municipal boards – Municipalities – By-laws – Planning and zoning – Variance orders – Appeals – Judicial review Young v. Okotoks, [2014] A.J. No. 931, 2014 ABCA 275, Alberta Court of Appeal, September 2, 2014, B.K. O’Ferrall J.A. The Applicant, Jeff Young, sought leave to appeal a decision ...

The British Columbia Court of Appeal held that a regional district committed a breach of procedural fairness in failing to disclose all relevant information prior to a public hearing to discuss a bylaw amendment. The district had introduced a bylaw which would prohibit composting and recycling on a property owned by the applicant which operated a composting business and had applied for a license to expand the scope of its business. The application was received negatively and the bylaw restricting use was subsequently introduced and passed. The Court held that the district had failed to give notice to the applicant and the public of its intention to rely on the reports prepared for the license application.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – By-laws – Change of by-laws – Notice and consultation – Judicial review – Permits and licences – Procedural requirements and fairness Fisher Road Holdings Ltd. v. Cowichan Valley (Regional District), [2012] B.C.J. No. 1684, 2012 BCCA 338, British ...

A municipal counsillor who previously expressed a definitive opinion on the topic of appeal ought to have been recused from hearing the appeal. Failure to recuse the counsillor resulted in the Alberta Court of Appeal granting leave to the applicant on the basis that there was a reasonable apprehension of bias.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Municipal Planning Commission – Permits and licences – Appeals and leave to appeal – Municipalities – By-laws – Judicial review – Evidence – Reasonable apprehension of bias – test Beaverford v. Thorhild (County No. 7), [2012] A.J. No. 288, 2012 ABCA 99, Alberta Court of Appeal, March 28, ...

The appellant, Catalyst Paper Corporation (the “Mill”), sought to have a decision upholding a municipal taxation bylaw, that it claimed was unreasonable, set aside. The Supreme Court of Canada was asked to pronounce on Courts’ power to review municipal taxation bylaws. The Court dismissed the appeal. Notwithstanding that the Mill paid a grossly disproportionate part of the municipal’s property tax levy while obtaining very little in exchange in terms of services, the Court held that the taxation bylaw fell within the reasonable range of outcomes.

28. February 2012 0
Administrative law – Decisions of administrative tribunals – Municipal councils – By-laws – Municipalities – Taxation – Validity – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Catalyst Paper Corp. v. North Cowichan (District), [2012] S.C.J. No. 2, 2012 SCC 2, Supreme Court of Canada, January 20, 2012, McLachlin C.J. ...

The Respondent had commenced disciplinary proceedings against the Appellants aimed at denying their rights to hold office or participate in Association voting. The Appellants had applied for a judicial review of the proceedings which was stayed by the chambers judge pending the outcome of the disciplinary proceedings. That decision was overturned on appeal based on the Court’s finding that the balance of convenience weighed in favour of staying the disciplinary proceedings and allowing the judicial review.

26. April 2011 0
Administrative law – Associations and clubs – Governance – Disciplinary proceedings – By-laws – Elections – Voting rights – Judicial review – Applications – Jurisdiction – Stay of proceedings – Test Voorhorst v. Canadian Soccer Assn., [2011] A.J. No. 205, 2011 ABCA 74, Alberta Court of Appeal, March 4, 2011, J.E.L. Côté and M.B. Bielby ...

A demolition order issued by a Regional Municipality pursuant to the Municipalities Act is overturned as unreasonable

22. March 2011 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Unsightly premises – Demolition orders – Validity – Judicial review – Legislative compliance – Standard of review – Reasonableness simpliciter Beaudin v. Vanscoy (Regional Municipality No. 345), [2011] S.J. No. 97, 2011 SKQB 75, Saskatchewan Court of Queen’s Bench, February ...

The petitioner, Amix, unsuccessfully brought a petition for an order of mandamus, which would have required the respondents (City of Chilliwack and its Approving Officer) to make an improvement to the water line on its land

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – Building permits – By-laws – Utility services – Judicial review – Public officer – Remedies – Mandamus – Availability Amix Salvage & Sales Ltd. v. Chilliwack (City), [2010] B.C.J. No. 2067, 2010 BCSC 1493, British Columbia Supreme Court, ...

The Appellant, the McLean Lake Residents Association, successfully challenged the validity of a zoning bylaw on the basis that it contravened the City of Whitehorse’s Official Community Plan

22. September 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Jurisdiction – Power to enact by-laws – Municipalities – By-laws – Validity – Planning and zoning – Judicial review – Compliance with legislation McLean Lake Residents Association v. Whitehorse (City), [2009] Y.J. No. 109, 2009 YKCA 11, Yukon Territory Court of Appeal, August 21, ...

The Court quashed the decision of the Corporation of the City of White Rock (“White Rock”) refusing to issue a development permit as being of no force and effect for taking into consideration matters not within its Official Community Plan guidelines and further issued an order in the nature of mandamus requiring the issuance of a permit

25. July 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Building permits – By-laws – Planning and zoning – Remedies – Mandamus – Judicial review – Failure to provide reasons – Standard of review – Correctness Yearsley v. White Rock (City), [2009] B.C.J. No. 1102, 2009 BCSC 719, British Columbia Supreme Court, ...

The Appellant City successfully appealed a decision of the B.C. Supreme Court, which had granted the Respondent Company’s application for judicial review. At issue was the City’s decision to alter the method by which the City was recovering certain costs associated with its implementation of a sewer system for the Company.

23. June 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Change of by-laws – Utility services – Cost sharing – Levies and taxies – Judicial review – Compliance with legislation Andrex Developments (1985) Ltd. v. Colwood (City), [2009] B.C.J. No. 983, British Columbia Court of Appeal, May 20, 2009, L.S.G. ...