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11 Appeal: Rev. Current L. & L. Reform 39 (2006)
In Good Faith to Whom - An Analysis of Judicial Deference to Municipal Authority and the Dispute over the Arbutus Corridor

handle is hein.journals/appeal11 and id is 41 raw text is: APPEAL * VOLUME II * 2006 Ryan Goldvine I recall drivng across the Arbutus Coriidor daily on my way to school and being stopped by the familiar lights and sounds of a train crossing. Yometimes it would be ony for a moment, and other times I might be wailng for what seemed like an hour. I later remember wondering (while really knowing) why the trains never passed by that crossing at 16th Avenue anymore. I also recall wondering how such an odd-shapedpiece of land might be developed after it was no longer used or rail-perhaps it would remain undeveloped and be used as bike trails, or perhaps it would be a stretch of very narrow houses and shops. Ft never occurred to me that these musings mght be the subject of consideration by our nation's highest court ofappeal, the Supreme Court of Canada. Introduction The legislature of British Columbia has empowered municipalities with broad powers of discretion over land use planning. Since these powers could be seen to conflict with the rights of landowners, these discretionary powers must often be enforced by the courts. While there is a general presumption in favour of the courts deferring to municipal authority, the courts can intervene and review municipal actions where they are outside the authority of the municipal government or where the actions are marked by patent unreasonableness. Where the courts draw the line between deference and intervention has been debated over many years, but continues to lack the clarity the courts insist it has. Recently, the British Columbia Court of Appeal overturned a lower court decision that struck out a by-law restricting development on private land owned by Canadian

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