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.

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. ...