Does the question of whether council acted in good faith enter into an analysis of the vires of a resolution where it is alleged the decision was based on irrelevant or improper considerations?
British Columbia, Canada
The following excerpt is from Pucci v. North Vancouver (City), 2010 BCSC 743 (CanLII):
Neither the question of whether council acted in good faith nor the accompanying presumption of good faith enters into an analysis of the vires of council’s resolution where it is alleged the decision was based on irrelevant or improper considerations. In Kollen v. North Vancouver, supra, the court held at para. 24: Moreover we agree with the appellants that the impugned passage of the reasons of the trial judge in para. 30 indicates that she considered the presumption of good faith and the deferential standard were applicable to the question of improper considerations. Had her decision turned on an application of these principles, it could not be sustained.
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