draft for LASO
Storyboard Text
- None of CPR’s arguments withstand scrutiny. As city didn't exceed the remit granted by the Vancouver Charter. Neither Vancouver Charter nor Common laws require the city to compensate CPR for the ODP By-law’s effects on its land
- The appeal should be dismissed with costs.
- Part XXVII of the Vancouver Charter grants extensive powers to the City. The three main powers:1.the power to zone land2.the power to plan for land development3.the power to issue development permits.The power to plan for development allows the City to set a vision and course for future development, and is exercised by preparing and revising “development plans” and by adopting by by-law development plans as ODPs.
- To the First issue, "Was the ODP By-law beyond the statutory powers of the city?"
- Now I will explain in details about 3 issues in this case.
- CPR imposed the Common Law de facto to the government for compensation.Two requirements of a de facto must be met: (1) an acquisition of a beneficial interest in the property or flowing from it, and (2) removal of all reason- able uses of the property.Neither requirements are satisfied by CPR in this case.First, CPR has not succeeded in showing that the City has acquired a beneficial interest related to the land.
- As I can't accept the CPR's contention that by-law goes beyond the City's powers under the Vancouver Charter, now let's turn to the compensation.
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