| Case name: |
Canada Mortgage and Housing Corp. v. North Vancouver (District) |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
|
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Canada Mortgage and Housing Corporation |
|
Petitioner |
| |
North Vancouver (District) |
|
Respondent |
|
| Decision makers: |
Name |
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 |
|
|
|
|
|
|
|
|
|
| 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. |
|
|
|
|
|
|
|
| ExLaw citation: |
[1998] EXLAW 260 |
|
|
|
| Parallel citations: |
(1998) 78 ACWS (3d) 1012 |
| |
[1998] BCJ No. 677 |
| |
(1998) 51 BCLR (3d) 351 |
| |
(1998) 70 LCR 161 |
| |
(1998) 45 MPLR (2d) 214 |
|
|
|
|
|
