Contrôle judiciaire rejeté : la Cour fédérale conclut que la résolution 7337 et le Règlement 2022-01 étaient valides et conformes à la procédure applicable.
The termination of the business licence for non-renewal was a reviewable administrative decision but was not procedurally unfair or unreasonable because the City complied with its renewal regime under Community Charter s.15(1)(d) and Bylaw 7878; the refusal to issue a new licence was reasonable because the historical zoning (Bylaw 8000) did not permit boarding/lodging units with self-contained kitchens so the use was not lawfully non-conforming and Council's reconsideration decision was a rational, justified exercise of its authority.
The Court granted in part a municipal by-law enforcement petition over ALR property use, finding zoning and business by-law breaches involving RV lodging, business use, and secondary suites.
The petition was dismissed. The Court held the Regional District’s March 21, 2023 resolutions were advisory opinions, not reviewable decisions, and refused stand-alone declaratory relief.
The Court of Appeal held the District unreasonably treated the rebuilt cottage as a non-conforming structure, but could require amendments, uphold the DVP refusal, and order compliance.
The Court of Appeal dismissed Central Saanich’s appeal, holding the tree bylaw was unreasonable as applied to agricultural land used for farming development.
Sentencing for civil contempt over unremoved seawalls on Mudge Island. The court imposed a $2,500 fine, a graduated $7,500 further fine, and special costs.
The court exercised its discretion under Rule 7.10 to allow supplementation of the judicial review record with the Development Officer's affidavit because the affidavit was relevant to whether the permit decision was consistent with established past practice, but admitted it only subject to cross‑examination and with leave for the applicants to file responsive material or seek production of records, thereby mitigating risk of impermissible ex post facto justification.
The court dismissed judicial review of Penticton’s rezoning and variance approvals, holding the bylaw was a reasonable legislative decision under the Local Government Act.
The Court of Appeal dismissed G.S.R.’s appeal, holding the City’s interpretation of the Local Government Act was reasonable and no lawful non-conforming use had begun.