The appeal by Hastings Park Conservancy (“HPC”) from the dismissal of its petition for judicial review of a zoning by-law regarding the installation of slot machines at Hastings Race Course was dismissed

Administrative law – Decisions of administrative tribunals – Municipal councils – Jurisdiction – Municipalities – Planning and zoning – Park land – By-laws – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Hastings Park Conservancy v. Vancouver (City), [2008] B.C.J. No. 487, British Columbia Court of Appeal, March 20, 2008, ...

An application for judicial review of the City’s action in amending its zoning bylaw without notice to the Applicant, when the zoning bylaw was at issue in a separate appeal. The Court held that the City had breached its obligations of procedural fairness to the Applicant when it amended its bylaw without notice to the Applicant when it knew or should have known that the Applicant had a legitimate interest in the subject matter of the bylaw.

Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Planning and zoning – By-laws – Validity – Notice and consultation – Judicial review – Procedural requirements and fairness – Standard of review – Correctness Airport Self Storage and R.V. Centre Ltd. v. Leduc (City), [2008] A.J. No. 26, Alberta Court of ...

A successful appeal was brought by residents of an apartment building that was ordered demolished despite a Letter of Request filed by the Appellants requesting an adjournment because their legal counsel could not attend at the Council meeting where the determination was made

26. December 2006 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Landlord and tenant – Conduct of tenant – By-laws – Practice and procedure – Administrative tribunals – Adjournment – Failure to provide reasons – Appeals – Disclosure – Judicial review – Procedural requirements and fairness – Natural justice – Remedies – Alternative remedies Markwart v. Prince Albert (City), ...

An application for judicial review of a Bylaw passed by the Respondent City of Red Deer to regulate drinking establishments was dismissed. The Bylaw was not ultra vires the Municipal Government Act. The City enacted the Bylaw for municipal purposes and without ulterior motive. The Bylaw did not confer unlimited or illegal power. The Bylaw did not result in a duplication of powers under the Gaming and Liquor Act because that legislation did not address safety concerns that were particular to a specific community. The delegation permitted by the Bylaw was administrative and was therefore legal.

28. November 2006 0
Administrative law – Municipalities – Legislation – By-laws – Ultra vires – Permits and licences – Fees – Judicial review – Compliance with legislation – Powers of delegated authority – Jurisdiction – Standard of review – Correctness Passutto Hotels (1984) Ltd. v. Red Deer (City), [2006] A.J. No. 1100, Alberta Court of Queen’s Bench, September 5, 2006. ...

An appeal was allowed from a Divisional Court decision concluding that the Normal Farm Practices Protection Board (the “Board”) lacked jurisdiction to determine whether a zoning bylaw restricted a normal farming practice. The Divisional Court erred in adopting an interpretation of the words “municipal bylaw” that excluded a zoning bylaw. Therefore, the Board had jurisdiction to determine the issue. However, the Board’s decision was unreasonable, as it did not comply with a provincial policy statement regarding the required distances between farm operations and their neighbours.

28. November 2006 0
Administrative law – Municipalities – By-laws – Planning and zoning – Permits and licences – Variance orders – Decisions of administrative tribunals – Farm Practices Protection Board – Government policies – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Hill and Hill Farms Ltd. v. Bluewater (Municipality), [2006] O.J. No. 3674, Ontario Court of ...