What makes a municipal Councillor's vote "bad"?
Where do we draw the line between proper considerations and
malicious misuse of power? The British Columbia Supreme Court
examined these issues in a recent ruling in
Rodgers v. Sechelt (District), 2015 BCSC 687.
The bistro and the liquor store
In 2005, Mr. Brock Rodgers applied to the District of Sechelt to
re-zone certain lands in West Sechelt to permit the construction of
a bistro. Mr. Rodgers intended the bistro to operate with a
liquor-primary license – a license typically issued for pubs,
bars and other facilities engaged primarily in the sale of
liquor.
Together with the bistro, Mr. Rodgers wished to open a liquor
store on nearby Sechelt Indian Band lands (the "Band
Lands"). The bistro was crucial for this
purpose: pursuant to the liquor laws in place at the time, the
Liquor Control and Licensing Branch
("LCLB") would only issue the liquor
store license to Mr. Rodgers if he also held a
