Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Municipal law – By-laws – Validity – Does common law requirement to disclose to public, prior to a public hearing, “material” documents under Canadian Pacific Railway Co. v. Vancouver (City), [2006] 1 S.C.R. 227 extend to documents pertaining to “business decisions” made in camera pursuant to s. 165.2 of the Vancouver Charter; documents not strictly about “matters contained in the proposed by-law” but are relevant to rezoning proposal; and documents considered by Council prior to public hearing? – Can Court of Appeal restore zoning bylaws quashed by a chambers judge where local government has exercised its statutory power to hold new public hearing and enact new bylaws prior to hearing of appeal?

The applicant, Community Association of New Yaletown (“CANY?), is a group of citizens opposed to a development in downtown Vancouver. Jubilee House is an affordable housing building located at 508 Helmcken Street (“508”) that was owned by the City of Vancouver. It was in a state of disrepair and required significant expenditures to address its deficiencies. Brenhill Developments Limited (“Brenhill?) owned 1077-1099 Richards Street (“1099?) across the street from 508 where it had an office and had several tenants. In 2011, Brenhill approached the City with a proposal to construct a 162-unit replacement building for Jubilee House on its 1099 property and, once completed, would turn it over to the City if the City transferred 508 to Brenhill and closed an adjacent lane. The City was interested in this project and its technical staff negotiated a Land Exchange Contract and other related agreements with Brenhill and issued a development permit for the new Jubilee House. City Council enacted a rezoning by-law for 508 to accommodate Brenhill’s proposed development and issued a development permit for 1099 and City Council adopted a new rezoning by-law for 508 largely replicating the one that was quashed. As a result, an issue of mootness lies at the threshold of this proceeding. CANY successfully applied to quash the by-laws and development permit, alleging that the City’s public disclosure was inadequate and the process was artificially divided into stages. Shortly before the appeals were heard, the Development Permit Board issued a new development permit for 1099 and City Council adopted a new rezoning by-law for 508 largely replicating the one that was quashed.