In the context of s. 957(1) of the Municipal Corporations Act, can the City of Vancouver be found to be a vendor of land that is subject to a re-zoning application?
British Columbia, Canada
The following excerpt is from Gluska v. Port Moody (City of), 2002 BCSC 1003 (CanLII):
In Wild Salmon Coalition v. North Vancouver (City) (1996), 34 M.P.L.R. (2d) 122 (B.C.S.C.), the City was also the vendor of land which was the subject of a re-zoning application. Grist J. stated: 44 … Municipal councils through the course of their duties will meet measures which not only include resolution of competing concerns but may often involve generation of revenues or conversely, expenditure of public resources. All of this is part of their function and mandate. In the course of a public meeting called pursuant to s. 957, so long as procedural fairness and fair disclosure is maintained, the court should not intervene.
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