Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41198
City of Vancouver, et al. v. Pender Lodge Holdings Ltd., 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) |
|---|---|---|
| 2025-04-04 | Close file on Leave | |
| 2024-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-26 | Judgment on leave sent to the parties | |
| 2024-09-26 |
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), Numbers CA48501 and CA48504, 2024 BCCA 37, dated February 2, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-07-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-30 | Correspondence received from, (Letter Form), (Printed version due on 2024-06-06) | City of Vancouver |
| 2024-05-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-05-13, (Printed version filed on 2024-05-14) | City of Vancouver |
| 2024-05-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-07, (Printed version filed on 2024-05-06) | 0733603 B.C. Ltd. |
| 2024-05-06 | Book of authorities, (Book Form), Completed on: 2024-05-07, (Printed version filed on 2024-05-06) | 0733603 B.C. Ltd. |
| 2024-05-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-05-06) | 0733603 B.C. Ltd. |
| 2024-05-06 | Notice of name, (Letter Form), (Printed version filed on 2024-05-06) | 0733603 B.C. Ltd. |
| 2024-05-01 | Notice of name, (Letter Form), (Printed version filed on 2024-05-03) | Pender Lodge Holdings Ltd. |
| 2024-05-01 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-05-03) | Pender Lodge Holdings Ltd. |
| 2024-05-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-03, (Printed version filed on 2024-05-03) | Pender Lodge Holdings Ltd. |
| 2024-04-05 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-04-02 | Notice of name, (Letter Form), (Printed version filed on 2024-04-02) | City of Vancouver |
| 2024-04-02 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-02) | City of Vancouver |
| 2024-04-02 |
Application for leave to appeal, (Book Form), Missing: - Filing fee, Completed on: 2024-04-05, (Printed version filed on 2024-04-02) |
City of Vancouver |
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 |
|---|---|---|
| City of Vancouver | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pender Lodge Holdings Ltd. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| City of Vancouver | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 0733603 B.C. Ltd. | Respondent | Active |
Counsel
Party: City of Vancouver
Counsel
W. Robert LeBlanc
300 – 575 West 8th Avenue
Vancouver, British Columbia
V5Z 0C4
Telephone: (604) 873-7512
FAX: (604) 873-7445
Email: grant.murray@vancouver.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Pender Lodge Holdings Ltd.
Counsel
207 – 3500 Carrington Road West
Kelowna, British Columbia
V4T 3C1
Telephone: (778) 754-7525
Email: ecooke@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: 0733603 B.C. Ltd.
Counsel
Thomas Boyd
1600 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-9197
FAX: (604) 669-1620
Email: cferris@lawsonlundell.com
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Summary
Keywords
Municipal law — Bylaws — Validity — How should a reviewing court apply the standard of review when assessing the scope of the powers of municipalities or other delegated legislators in Canada — When is a pith and substance analysis appropriate for assessing the authority of a delegated legislator in Canada — Vancouver Charter, S.B.C. 1953, c. 55, s. 272(1)(f).
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.
In December 2021, the City of Vancouver adopted bylaws that sought to control rent increases between tenancies in privately-owned residential units designated as single room accommodations. The bylaws were adopted using the City of Vancouver’s business licensing and regulatory powers. The respondents own and operate buildings in Vancouver that house single room units and are subject to rent control as landlords within the meaning of the Residential Tenancy Act, S.B.C. 2002, ch. 78. The respondents challenged the bylaws, alleging that the City of Vancouver did not have legislative authority to implement rent control. Relying on s. 272(1)(f) of the Vancouver Charter, S.B.C. 1953, c. 55, the respondents argued that the bylaws exceeded the City of Vancouver’s delegated authority because they resulted in the respondents being twice-regulated in respect of the same subject matter. It was the respondents’ position that s. 272(1)(f) precluded duplicate regulation of this nature. The trial judge agreed. She found the City of Vancouver’s decision to adopt the bylaws was unreasonable and the bylaws were quashed. The City of Vancouver appealed but the appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
S-220064, S-220082
Certain City of Vancouver’s bylaws regarding vacancy control quashed
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
Not available
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
Not available