Case information
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40140
G.S.R. Capital Group Inc. v. City of White Rock, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-12-13 | Close file on Leave | |
| 2022-12-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-08 | Judgment on leave sent to the parties | |
| 2022-12-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46914, 2022 BCCA 46, dated February 4, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-11-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-08-05, (Printed version due on 2022-08-09) | G.S.R. Capital Group Inc. |
| 2022-06-22 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-06-23) | City of White Rock |
| 2022-06-22 | Notice of name, (Letter Form), (Printed version filed on 2022-06-23) | City of White Rock |
| 2022-06-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-04, (Printed version filed on 2022-06-23) | City of White Rock |
| 2022-05-25 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-05-25 | |
| 2022-04-05 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-04-12) | G.S.R. Capital Group Inc. |
| 2022-04-05 | Notice of name, (Letter Form), (Printed version due on 2022-04-12) | G.S.R. Capital Group Inc. |
| 2022-04-05 | Application for leave to appeal, (Book Form), Completed on: 2022-04-05, (Printed version filed on 2022-04-05) | G.S.R. Capital Group Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| G.S.R. Capital Group Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of White Rock | Respondent | Active |
| James Nyhus in his capacity as Chief Building Official | Respondent | Active |
Counsel
Party: G.S.R. Capital Group Inc.
Counsel
Nathalie J. Baker
Steven F. G. Hoyer
3000-650 West Georgia Street
Vancouver, British Columbia
V6B 4N7
Telephone: (604) 899-5219
FAX: (604) 899-5216
Email: rparsons@eyfordpartners.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: City of White Rock
Counsel
K. Gotziaman
Sun Tower, Suite 1300
128 Pender Street West
Vancouver, British Columbia
V6B 1R8
Telephone: (604) 899-2269
FAX: (604) 899-2281
Email: paul@phlaw.ca
Agent
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Party: James Nyhus in his capacity as Chief Building Official
Counsel
K. Gotziaman
Sun Tower, Suite 1300
128 Pender Street West
Vancouver, British Columbia
V6B 1R8
Telephone: (604) 899-2269
FAX: (604) 899-2281
Email: paul@phlaw.ca
Agent
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Summary
Keywords
Municipal law — Zoning — Permits — City issuing development permit to builder for proposed 12-storey residential building — Following election new city council downzoned property and refused to grant builder building permit for project — Builder bringing judicial review proceedings — Whether permit that statutorily binds municipality and permit holder creates a “vested right” that council cannot interfere with unilaterally unless statute clearly requires such construction — Whether existence of valid and binding permit establishing lawful non-conforming use if permittee has detrimentally changed its position in reliance on permit — Local Government Act, R.S.B.C. 2015, c. 1.
Summary
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.
The respondent City issued the applicant a development permit in respect of a proposed 12-storey residential building. Following a municipal election, however, the new city council downzoned the property, and the City thereafter refused to grant a building permit for the project. The applicant brought judicial review proceedings to obtain relief that would allow it to proceed with construction of the planned building.
On judicial review, the Supreme Court of British Columbia dismissed the petition. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
2020 BCSC 489, S194344
Judicial review proceeding to obtain relief to allow builder to proceed with construction of planned building, dismissed.
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 46, CA46914
Appeal dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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