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Appeal from judicial review over West Vancouver development permit decisions dismissed. The Court held the Director acted within delegated authority and no procedural unfairness was shown.
The court held that shoreline and riparian works on the property were new construction, not exempt repairs, and required development and building permits.
Appeal from judicial review of a refused building permit dismissed. The Court held the City could require an updated geotechnical report under Community Charter s. 56.
The Supreme Court of British Columbia dismissed a judicial review petition challenging Burnaby’s preliminary plan approval process, zoning enforcement, lot coverage treatment, and donor parking restrictions.
The court held Richmond could not rely on its zoning bylaw to block licensed medical marihuana production in the ALR and ordered the stop work order lifted.
On the balance of probabilities the Applicant did not prove an intention by the owners to dedicate PID 50023803 for public use nor that the public accepted a dedication: evidence established only sporadic, tolerated use, temporary and poorly maintained amenities, and continued treatment of the land as private in conveyances and conduct; therefore the application for a declaration of dedication is dismissed.
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The court dismissed a judicial review challenging approval of a development application in Vancouver, finding no required public hearing for form of development and no unlawful delegation.
Judicial review of Vancouver’s DCL waiver by-law for for-profit affordable rental housing was dismissed. The court upheld section 3.1A and found no unlawful delegation.
The court dismissed the Stonemans’ judicial review, held they were bound by earlier litigation on Bylaw 111, and confirmed they altered land without required permits.
Elmsdale Landscaping Ltd. v. Nova Scotia (Environment)
The appropriate standard of review is reasonableness; the Minister's decision was reasonable because the determination of whether the building was a "structure" was a fact‑driven, discretionary assessment within departmental expertise, the Guidelines are non‑binding and the Minister lawfully considered the full record and conditions proposed to mitigate impacts, therefore the appeal is dismissed.
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