The BC Court of Appeal found the City of Vancouver’s bylaw authorizing its director of planning to relax zoning bylaw provisions for development proposals that include low cost housing to be valid

15. May 2018 0
Administrative law – Decisions reviewed – Director of Planning – Permits and licences – Judicial review – Appeals – Standard of Review – Correctness – Municipalities – Change of by-laws – Planning and zoning – Building permits Caring Citizens of Vancouver Society v. Vancouver (City), [2018] B.C.J. No. 400, 2018 BCCA 87, British Columbia Court ...

The community association successfully applied for judicial review of a decision by the City of Vancouver and Development Permit Board approving a rezoning bylaw and issuing a development permit for construction of a 36-storey mixed use tower. The court quashed the bylaw and development permit, and directed new hearings, finding that the public hearing process was flawed. The bylaw and development permit arose out of a negotiation between the city and developer for a land exchange proposal, whereby the parties would swap properties across the street from one another and the developer would renovate its former building to provide the city with affordable housing units and obtain rezoning of the former city building so that it could construct a 36-storey tower. The court found that the procedure adopted by the city was unfairly restrictive and directed new hearings which would permit concerned citizens to address the whole project, including the essence and value of the land exchange to the city and its residents.

24. March 2015 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Change of by-laws – Planning and zoning – Notice and consultation – Hearings – Conduct of hearings – Disclosure of documents – Judicial review – Procedural requirements and fairness – Evidence Community Assn. of New Yaletown v. City of Vancouver, ...

The BC Supreme Court struck down bylaws passed by the College of Pharmacists which prohibited the use of incentive programs in pharmacies. The court found that the College’s decision to pass the bylaws fell outside the range of possible acceptable outcomes, given the competing public interests and the College’s ability to pass bylaws that are narrower in scope to address their reasonable concerns. The bylaws were found to be overbroad and their net effect was found to be harmful to the public interest in obtaining pharmacy services and prescriptions at the lowest price.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Professional governance and discipline – Rules and by-laws – Change of by-laws – Public interest – Incentive programs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Sobeys West Inc. v. College of Pharmacists ...

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 ...

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. ...

The application by Western Forest Products (“WFP”) and the Association of British Columbia Landowners for judicial review of a series of bylaws adopted by the Capital Regional District (“CRD”) was allowed where the court found that the voting on the bylaws did not take place in accordance with the Local Government Act, R.S.B.C. 1996, c. 323 (the “Act”) and, consequently, the bylaws were illegal

24. February 2009 0
Administrative law – Natural resources – Timber licences – Decisions of administrative tribunals – Ministerial – Regional Districts – Municipalities – Planning and zoning – Change of by-laws – Validity – Voting procedures – Cost sharing – Definition – Judicial review – Compliance with legislation – Standard of review – Correctness Western Forest Products Inc. ...

The Court quashed a bylaw adopted by the Regional District of Comox-Strathcona (the “Regional District”) where the Court found that the Regional District failed to comply with the requirements of the Local Government Act (the “Act”) as the views expressed by the Petitioner (“Pacific Playground”) were not reported by the delegated directors to the other directors prior to their vote to adopt the bylaw

28. June 2005 0
Administrative law – Municipalities – Planning and zoning – Change of by-laws – Validity – Public hearings – Judicial review – Compliance with legislation – Rules and by-laws – Procedural requirements and fairness – Jurisdiction Pacific Playground Holdings Ltd. v. Comox-Strathcona (Regional District), [2005] B.C.J. No. 941, British Columbia Supreme Court, April 27, 2005, Ehrcke J. ...

A group of petitioner residents applied to quash two rezoning bylaws adopted by the council of the District of West Vancouver. The application alleged that West Vancouver city council had breached procedural fairness by receiving a report from the Director of Planning regarding the rezoning issue following the close of a public hearing. The report was not made available to the public prior to the council adopting the bylaws, which had the effect of allowing three lots that were formerly used for single family dwellings to be redeveloped for 10 residential townhouses.

27. January 2004 0
Administrative law – Municipalities – Planning and zoning – Change of by-laws – Appeals – Judicial review – Public hearings – Procedural requirements and fairness – Disclosure Hubbard v. West Vancouver (District), [2003] B.C.J. No. 2546, British Columbia Supreme Court, October 28, 2003, Stromberg-Stein J. The court held that there was a breach of procedural fairness ...

The City of Toronto applied to the court to have a decision of the Ontario Municipal Board (the “Board”) set aside. The Board had determined that a City by-law was illegal. In granting the City’s petition, the court held that the Board had no jurisdiction to determine the legislative competency of a municipality.

26. March 2002 0
Administrative law – Municipal boards – Questions of jurisdiction – Change of by-laws Toronto City v. Goldlist Properties Inc., [2002] O.J. No. 601, Ontario Superior Court of Justice, February 20, 2002, Blair, Day and Marchand, JJ. Counsel for the City of Toronto (the “City”) adopted bylaw no. 147-1999 which amended the metropolitan Toronto official plan. ...