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[Back] DECISION DIGEST  
Record no. 260
Case name: Canada Mortgage and Housing Corp. v. North Vancouver (District)
Date: 1998-03-23
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Canada Mortgage and Housing Corporation   Petitioner
  North Vancouver (District)   Respondent
Before: Decision maker Designation
Humphries, Mary A. J.
Lawyers: Name   Appearing for
  Voith, Peter G.   Petitioner
  Wells, Simon R.   Petitioner
  Bennett, Daniel R.   Respondent
  Remedios, Serin Leah   Respondent
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by a property owner for an order quashing two sets of land use by-laws adopted by the municipality. The by-laws altered the permitted uses on land owned by the Petitioner from residential uses to parks, recreation and open space uses. The Petitioner alleged that the by-laws had been enacted in bad faith because the real purpose was to take land for public use without payment of compensation. It was also alleged that the by-laws were discriminatory because the Petitioner was the only property owner affected. It was held that the by-laws had been enacted for a valid planning purpose within the jurisdiction of the municipality. The action was dismissed.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
  [2000] EXLAW 302 B.C. C.A. 2000-02-24
  [2000] EXLAW 341 S.C.C. 2000-11-09
Neutral citation: N/A
ExLaw citation: [1998] EXLAW 260
Parallel citations: (1998) 78 A.C.W.S. (3d) 1012
  [1998] B.C.J. No. 677
  (1998) 51 B.C.L.R. (3d) 351
  (1998) 70 L.C.R. 161
  (1998) 45 M.P.L.R. (2d) 214
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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