What is the current state of the law on judicial review of the decisions of municipal councils?
British Columbia, Canada
The following excerpt is from McIntosh Estates et al v. City of Surrey et al, 2000 BCSC 128 (CanLII):
The courts have displayed a degree of judicial deference in reviewing the decision of municipal councils. As was said in Bekar v. Regional District of Bulkley-Nechako RD (1995), 27 M.P.L.R. (2d) 224 (B.C.C.A.) at p. 236: Judicial intervention is not to be lightly undertaken in the affairs of a local government. The courts have recognized the hybrid nature of the responsibilities of those elected to municipal office. A line has been drawn between ensuring that local government operates according to law, and judicial intervention which would amount to substituting for the judgment of the ballot box the judgment of the courts...
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