Save St. Ann's Academy Coalition et al. v. Victoria (City) et al., (1991) 2 B.C.A.C. 296 (CA)

• Judge: Lambert, MacFarlane and Proudfoot, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 06, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 2 B.C.A.C. 296 (CA)

St. Ann's Academy v. Victoria (City) (1991), 2 B.C.A.C. 296 (CA);

    5 W.A.C. 296

MLB headnote and full text

Save St. Ann's Academy Coalition, Tom Loring, John Herbert Storrie and David Turner (appellants) v. The Corporation of the City of Victoria, The Council of the Corporation of the City of Victoria, The Academy Gardens Corporation and The Provincial Capital Commission (respondents)

(No. V01161)

Indexed As: Save St. Ann's Academy Coalition et al. v. Victoria (City) et al.

British Columbia Court of Appeal

Lambert, MacFarlane and Proudfoot, JJ.A.

June 6, 1991.

Summary:

Interested parties applied to quash two city bylaws.

The British Columbia Supreme Court, per MacKinnon, J., dismissed the application. The interested parties appealed.

The British Columbia Court of Appeal dismissed the appeal.

Municipal Law - Topic 744

Council members - Disqualification or removal - Grounds - General - [See Municipal Law - Topic 905] .

Municipal Law - Topic 905

Council members - Conflicts of interest - Reasonable apprehension of bias - The Provincial Capital Commission acquired an historic property in Victoria which it wanted rezoned - Victoria City council passed two bylaws respecting the property - Interested parties sought to quash the bylaws arguing that two members of council who voted in favour of the bylaws should have disqualified themselves because they were also members of the Provincial Capital Commission - It was required by statute that two Victoria City councillors be members of the Commission - The British Columbia Court of Appeal refused to quash the bylaws where the councillors were free to vote either way on the bylaws and maintained an open mind.

Cases Noticed:

Old St. Boniface Residents Association Inc. v. Winnipeg (City) et al., [1990] 3 S.C.R. 1170; 116 N.R. 46; 60 Man.R.(2d) 134; 75 D.L.R.(4th) 385, appld. [paras. 14, 16, 19].

Save Richmond Farmland Society et al. v. Richmond (Township) et al. (1990), 116 N.R. 68; 52 B.C.L.R.(2d) 145 (S.C.C.), appld. [paras. 14, 15].

Counsel:

Anthony J. Palmer, for the appellants;

   Georgeann Glover, for the respondents, the Corporation of the City of Victoria and its Council;

C. Edward Hanman, for the respondent, the Provincial Capital Commission;

Jack Angus, for the respondent, the Academy Gardens Corporation.

This appeal was heard in Victoria, B.C., before, Lambert, MacFarlane and Proudfoot, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered orally by Lambert, J.A., on June 6, 1991.