Articles & Publications

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Wu v. Vancouver (City), 2019 BCCA 23

The release of the Court of Appeal’s decision in Wu v. Vancouver (City) has been highly anticipated by municipal lawyers. If denied, the appeal would have established a duty for municipal officials to make decisions on development permits within a reasonable time. The trial judge found that…

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Cannabis Producer Challenges Municipal Land-Use Regulation, and Wins

The matter of 0826239 B.C. Ltd. v. Richmond (City), 2018 BCSC 1438 (CanLII) involved a business owner planning to operate an agricultural greenhouse facility within the City of Richmond and seeking building permits from the City to construct the greenhouses for the operation.  The dispute is seeded in lands that are part of the Agricultural Land Reserve (“ALR“).  The issue before the court was whether the City…

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BC Supreme Court Reaffirms the Broad Discretionary Nature of the DVP Approval Process

The BC Supreme Court, in 1139652 B.C. Ltd. v. Whistler (Resort Municipality), 2018 BCSC 1806, recently reaffirmed the discretionary nature of the development variance permit (DVP) approval process under the Local Government Act (LGA) and the broad range of factors that may be considered by a local government council in considering an application.  While there is …

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