What is the test for s. 943 of the Local Developments Act?

British Columbia, Canada


The following excerpt is from 694285 B.C. Ltd. v. Capital Regional District, 2008 BCSC 774 (CanLII):

What now exists as s. 943 has been the subject of considerable judicial interpretation. In Yuen v. Oak Bay (District) (B.C.C.A.), [1994] B.C.J. No. 204, Mr. Justice Hall of the Court of Appeal referred to earlier authority which established: . . . it was a primary object of this legislation to provide that a developer contemplating a prospective development in a municipality should be entitled to proceed with its plans with some assurance that the rules of the game would not be changed midstream in the course of development.

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