Surrey (City) v. Canada Safeway Ltd.

Surrey (City) v. Canada Safeway Ltd.

The court granted Surrey leave to introduce new evidence and make new submissions limited to the "other defences" remitted by the Court of Appeal (issues concerning Municipal Act ss.247 and 473(1) and Local Government Act ss.176 and 182), concluding that the remittal contemplates a hearing de novo and, alternatively, exercising discretion to admit the evidence to avoid a miscarriage of justice even if due diligence might have discovered it.

Citation
2005 BCSC 275
Parties
Plaintiff/respondent: Canada Safeway Limited; Defendant/petitioner: City of Surrey
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 March 2005
Procedural Posture
Civil Action (rule 18 a Application; Municipal, Property and Contract Law) / Post Judgment Motion to Admit Fresh Evidence and Remitted Proceedings for Further Hearing (hearing De Novo Contemplated)
Outcome
Application granted: Surrey may introduce new evidence and make new submissions; matter remitted for further proceedings/hearing de novo limited to specified statutory issues
Legal Topics
Presumption of Regularity, Authority to Enter Municipal Contracts (by Law/resolution), Admission of Fresh Evidence, Rule 18 a Procedure, Local Government Act Ss.176 and 182, Municipal Act Ss.247, 473(1), 477(3)
Source Language
English
Municipal Law Property Law Contract Law Evidence Civil Procedure Presumption of Regularity Authority to Enter Municipal Contracts (by Law/resolution) Admission of Fresh Evidence +3 more

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Parties

Canada Safeway Limited

Plaintiff/respondent

City of Surrey

Defendant/petitioner

Procedural Posture

Civil Action (rule 18 a Application; Municipal, Property and Contract Law) / Post Judgment Motion to Admit Fresh Evidence and Remitted Proceedings for Further Hearing (hearing De Novo Contemplated)

Legal Issues

  1. 1 Whether three affidavits may be admitted as fresh evidence after reasons but before an entered order
  2. 2 Whether the Agreement required municipal authorization by by-law or resolution under the Municipal Act and Local Government Act
  3. 3 Whether the presumption of regularity applies to municipal acts and the evidentiary burden that follows

Ratio Decidendi

The court granted Surrey leave to introduce new evidence and make new submissions limited to the "other defences" remitted by the Court of Appeal (issues concerning Municipal Act ss.247 and 473(1) and Local Government Act ss.176 and 182), concluding that the remittal contemplates a hearing de novo and, alternatively, exercising discretion to admit the evidence to avoid a miscarriage of justice even if due diligence might have discovered it.

Court Disposition

Application granted: Surrey may introduce new evidence and make new submissions; matter remitted for further proceedings/hearing de novo limited to specified statutory issues

Orders

  • Surrey permitted to introduce the three affidavits as new evidence and make new submissions
  • Hearing de novo (or further proceedings) to address Surrey's "other defences" limited to Municipal Act ss.247 and 473(1) and Local Government Act ss.176 and 182