City to appeal landmark ruling on New Yaletown, public hearing processes

(Updated) The Community Association of New Yaletown has just issued this media release. This appears to be a notice of intention to appeal — the actual appeal documents have not yet been filed, as far as we know. We have bolded some of the points we feel deserve special attention. Note that our own City Hall is using tax dollars to fight its own citizens. This case deserves the highest level of public scrutiny. CityHallWatch has called this case a test of the very integrity of our municipal government. For the background up to last summer, see CANY’s Chronology page. CityHallWatch urges you call, write and meet your Mayor and City Councillors to let them know your thoughts on this matter. CANY also needs donations to defend the public interest. What might really be needed here is a criminal investigation into the backroom deal that led to this rezoning. See bottom for links to fresh media coverage today.


City of Vancouver Appeals Landmark CANY Ruling


Media Release, February 19, 2015: We have received notice that the City of Vancouver and the developer will appeal the landmark CANY ruling (Community Association of New Yaletown v. Vancouver (City), 2015 BCSC 117). The honourable Judge Mark McEwan forcefully ruled that the public hearing and the development permit processes were flawed in the rezoning and land exchange of 508 Helmcken and 1099 Richards in the downtown mixed-income neighbourhood of New Yaletown.

The ruling is a crucial turning point in public consultation and applies to the interpretation of the law citywide. The ruling fundamentally impacts the way City Hall operates, now and in the future. If the ruling against the City were overturned, it would have severe and negative consequences on public participation across the entire city.

“In appealing, the City is essentially rejecting Justice Mark McEwan’s ruling that City Hall must include the public in a fair and open process,” said Jon Green, President of CANY. “It is shocking to hear that our elected officials would try to reject the legal requirement that they properly inform the public and actually consider public input.” CANY is fighting for a more open and transparent city government to ensure our elected representatives listen to the concerns of residents.

CANY is a grassroots and non-partisan group of volunteers. This appeal is expected to be rushed through by the City and Brenhill so CANY is URGENTLY seeking donations to help fund legal costs. A loss will have significant implications in all Vancouver neighbourhoods. Concerned citizens who wish to donate are asked to visit the CANY website for more information ( or speak to a CANY member directly ( CANY is seeking donations of any size and has pledged to donate to social housing initiatives in the New Yaletown neighbourhood in the event funds raised exceed legal costs.

Community Association of New Yaletown
Proud Member of the Coalition of Vancouver Neighbourhoods

Download the CANY media release:

CANY media release, City of Vancouver Appeals Landmark CANY Ruling, Feb 19, 2015



4 thoughts on “City to appeal landmark ruling on New Yaletown, public hearing processes

  1. Although I was very pleased by the ruling, I don’t have a problem with the city appealing it. If it was a good decision, it will withstand an appeal, and if it left anything unclear or uncertain, then more clarity and certainty will benefit the consultation process in the long run.

  2. Albert Chin
    The CoV owns property on behalf of the taxpayers/citizens, the city represents taxpayers, its principal, in its business as agent. The city owes fiduciary duty to disclose pertinent financial information especially in any land transactions, unhindered, & honestly. By “hindering” public access to pertinent information regarding the land sale/swap, the city has misrepresented itself.
    The city of vancouver has forgotten who pays them thru taxes & who they work for.

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