In the absence of evidence or material addressing matters so relevant to the issue before council, is it possible to say that a decision made by the City Council was not based upon or activated by an improper or incorrect assumption?
British Columbia, Canada
The following excerpt is from Pucci v. North Vancouver (City), 2010 BCSC 743 (CanLII):
In the absence of evidence or material addressing matters so relevant to the issue before council, I do not think it could be said that its decision was not “grounded upon or activated by an improper or incorrect assumption,” applying the test stated by Garson J. in Kollen v. Vancouver (City), 2004 BCSC 684 at para. 34.
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