Does a municipality have to make only documents available to the public before council finds support?
British Columbia, Canada
The following excerpt is from Vancouver Island Community Forest Action Network v. Langford (City), 2010 BCSC 1357 (CanLII):
The respondents’ submission that procedural fairness requires municipalities to make available only documents before council finds support in Harrison v. Richmond (City) (1993), 14 M.P.L.R. (2d) 261 (B.C.S.C.), B.C.J. No. 826. In that case, the petitioners owned two golf courses in Richmond. The rezoning applicants owned farmland nearby, and had applied to the city to rezone their farmland and to amend the official community plan in order to develop a golf course. The petitioners applied to have the bylaws declared ultra vires because the city did not provide them with copies of all documents prior to a public hearing. The impugned documents included the minutes of the planning committee, and material considered by staff in advising council as to the effect of the bylaws.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What is the test for a finding that a judge must not make a finding which would directly contradict a finding previously made by another judge? (British Columbia, Canada)
Can a municipal council direct its planning staff to address matters of detail without requiring a further public hearing? (British Columbia, Canada)
What is the legal obligation of a municipal council to refer an application to a public hearing? (British Columbia, Canada)
What remedies are available to a plaintiff upon a finding of unjust enrichment? (British Columbia, Canada)
Is pre-tax corporate income available to the payor for purposes of child support? (British Columbia, Canada)
Is there any case law supporting a finding of continuing contravention of human rights legislation? (British Columbia, Canada)
What is the impact of s. 9 of the Child Support Guidelines on the calculation of child support under a shared custody agreement? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
