Court of Appeal ruling on 508 Helmcken lawsuit Thurs, April 23 – Earlier decision overturned, Court sides with City and developer

508Helmcken(Updated: The Georgia Straight was first today to report the outcome — “Brenhill Developments and Constance Barnes rejoice over B.C. Court of Appeal ruling in Yaletown rezoning.” Excerpt: … The decision overturns B.C. Supreme Court Justice Mark McEwan’s ruling last year that voided a rezoning and a development permit to allow for a 36-storey residential tower and a 13-storey housing complex just north of Emery Barnes Park.

Note that the article quotes the developer claiming to “replace and expand social housing.” This statement is incorrect. Unfortunately, the error is perpetuated by major media outlets. The fact is there is NO expansion of social housing arising from this development. And the building being replaced is only 30 years old. Also, no mention is made of millions of dollars that the City gave away by undervaluing the City-owned property. Note also that the Court has provided the public no reason for this decision — “written reasons will be provided later.”)

The rezonings at 508 Helmcken, 1099 Richards, and amendments to the Downtown Official Development Plan (DODP) are complex and critical cases we have been following. Implications are enormous for neighbourhoods, the development industry, and Vancouver City Hall. The situation is being closely monitored for its legal precedents nationwide.

We have learned that a ruling by three B.C. Court of Appeal judges is expected on Thursday, April 23rd, at 9:30 a.m.

An oral presentation of the decision will be provided in a Court room (on the 6th or 7th Floor of the Supreme Court building in Vancouver). Members of the public are welcome to attend.

Three weeks after the oral presentation, the Court of Appeal Registry releases the same information in a written form. Petitioners are able to get free copies of the document. However, for members of the public who want free copies, it is necessary to contact the Registrar’s Assistant for the Court of Appeal and ask whether free copies are available. Tel. 604 – 660 – 2729.

Details: Chief Justice Robert James Bauman, Mr. Justice Peter M. Willcock, Mr. Justice Richard Goepel. Case CA42560 COMMUNITY ASSOCIATION OF NEW YALETOWN v. BRENHILL DEVELOPMENTS LIMITED , Hearing of Appeal from McEwan, J.

CityHallWatch has covered this story extensively. Most recent posts:

Mayor calls Special Meeting to approve CD-1 bylaw for 508 Helmcken on April 16th. Was sufficient notice given? Or were rules broken? (CityHallWatch, 15-Apr-2015). Note that we believe the Mayor may have violated a City bylaw by holding this meeting without adequate notice. The Vancouver Police Department has been asked to investigate. No answer yet.

Monumental battle over? Or just a pause? Council approves 508 Helmcken re-rezoning in 6-3 split vote, races to approve bylaw in 23 hours. What about Court of Appeal hearing? (CityHallWatch, 15-April-2015)

One thought on “Court of Appeal ruling on 508 Helmcken lawsuit Thurs, April 23 – Earlier decision overturned, Court sides with City and developer

  1. Hi CityHallWatch! Will you be linking to the written decision once it is available? Thanks for all you all do!!!!!!!

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