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ARTICLE · 04 FEBRUARY 2015

Recent BC Decision Quashes Rezoning And Land Swap

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On January 27, 2015 the British Columbia Supreme Court issued its decision in Community Association of New Yaletown v. Vancouver (City), 2015 BCSC 117, in which it decided that the City of Vancouver (the "City") did not act fairly with respect to public hearings concerning a proposed development.

CanadaReal Estate and Construction
Damon Chisholm
Damon Chisholm
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Co-authored by Amanda Magee, Student-at-Law

On January 27, 2015 the British Columbia Supreme Court issued its decision in Community Association of New Yaletown v. Vancouver (City), 2015 BCSC 117, in which it decided that the City of Vancouver (the "City") did not act fairly with respect to public hearings concerning a proposed development.

The action was launched by the Community Association of New Yaletown ("CANY"), a group of Yaletown residents and business-owners who sought a judicial review of two bylaws and a development permit that were passed by the City. The City had entered into a deal with Brenhill Developments Ltd. ("Brenhill"), the owner of an existing building at 1077-1099 Richards Street ("1099") containing its offices, a pre-school and a restaurant. Brenhill wished to purchase the property across the street at 508 Helmcken Street ("508"), known as Jubilee House, a social housing project containing 87 dwelling units which was in a state of disrepair.

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