What is the difference between the role of the approving officer and the court on an appeal under s. 89 of the Land Title Act?
British Columbia, Canada
The following excerpt is from Bubas v. Saanich (Dist.), 1988 CanLII 3231 (BC SC):
On the other hand, the respondents emphasize the role of the approving officer under s. 996 and the role of the court on an appeal under s. 89 of the Land Title Act. As to the former, the only decision which counsel were able to locate is an unreported decision of my own (Mohl v. Webb [[1987] B.C.W.L.D. 066], Vancouver No. A862631, 1st December 1986) in which I observed at p. 4 that "a discretion remains in the approving officer which must, of course, be properly exercised …" That observation is consistent with the definition of "may" in the Interpretation Act, R.S.B.C. 1979, c. 206 ("permissive and empowering"). Because s. 996 contemplates subdivisions which contravene one or more municipal bylaws, I accept that the legislature intended the approving officer to have a discretion thereunder.
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