Canadian Pacific Railway Co. v. Vancouver (City), [2006] 1 S.C.R. 227, 2006 SCC 5, 2006 SCC 5 (2006)

SUPREME COURT OF CANADA

Citation: Canadian Pacific Railway Co. v. Vancouver (City), [2006] 1 S.C.R. 227, 2006 SCC 5

Date: 20060223

Docket: 30374

Between:

Canadian Pacific Railway Company

Appellant v.

City of Vancouver

Respondent

- and -

British Columbia Chamber of Commerce, British Columbia Real

Estate Association, Business Council of British Columbia, Canadian

Home Builders' Association of British Columbia, Council of Tourism

Associations of British Columbia, Mining Association of British

Columbia, New Car Dealers Association of British Columbia, Retail

Council of Canada, Urban Development Institute (Pacific Region)

and Urban Development Institute of Canada

Interveners

Coram: McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Fish and Abella JJ.

Reasons for Judgment:

(paras. 1 to 64)

McLachlin C.J. (Bastarache, Binnie, LeBel, Deschamps, Fish and Abella JJ. concurring)

______________________________

Canadian Pacific Railway Co. v. Vancouver (City), [2006] 1 S.C.R. 227, 2006 SCC 5

Canadian Pacific Railway Company Appellant v.

City of Vancouver Respondent and

British Columbia Chamber of Commerce, British Columbia Real

Estate Association, Business Council of British Columbia, Canadian

Home Builders' Association of British Columbia, Council of Tourism

Associations of British Columbia, Mining Association of British

Columbia, New Car Dealers Association of British Columbia, Retail

Council of Canada, Urban Development Institute (Pacific Region)

and Urban Development Institute of Canada Interveners

Indexed as: Canadian Pacific Railway Co. v. Vancouver (City)

Neutral citation: 2006 SCC 5.

File No.: 30374.

2005: November 9; 2006: February 23.

Present: McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Fish and Abella JJ.

on appeal from the court of appeal for british columbia

Municipal law - By-laws - Validity - Official development plan by-law restricting how designated land earlier granted to railway company may be used - Whether by-law beyond statutory powers of municipality - If not, whether municipality must compensate railway company - Whether by-law should be set aside for procedural irregularities - Vancouver Charter, S.B.C. 1953, c. 55, ss. 2, 561, 562, 563, 569.

Over a century ago, British Columbia granted CPR a corridor of land for the construction of a railway line. As the century advanced, rail operations on the corridor declined. CPR therefore put forward proposals to develop the corridor for residential and commercial purposes. The City of Vancouver, however, adopted by by-law an offici...

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