cover image: IN THE SUPREME COURT OF BRITISH COLUMBIA - The Redeemed Christian Church of God, British Columbia City of New Westminster

20.500.12592/203bmv

IN THE SUPREME COURT OF BRITISH COLUMBIA - The Redeemed Christian Church of God, British Columbia City of New Westminster

16 Jul 2021

2(2)(a) of the JRPA; and c) An order of prohibition preventing the City from “denying the use of its facilities to the Petitioner on the basis of [its] ideas, views, opinions, perspectives, value or beliefs….” [29] The core issue here is whether the petitioner’s claim is the proper subject of a judicial review under the JRPA. [...] The owner, the licensor, agrees to licence the use of the property to the licensee for a specified duration in exchange for a licence fee. [...] 15(e) says that the City may provide for the cancelation of a regulatory licence for failure to comply with a term or condition of the licence, I see no enactment that affords the City the statutory power to revoke the Agreement at issue. [...] [57] In my view, the most germane Air Canada factors in this case are: 1) the character of the decision; 2) the nature of the decision-maker; 3) the extent to which a decision is founded in, and shaped by law, as opposed to private discretion; 4) the suitability of public law remedies; and 5) whether the decision falls within the exceptional category of cases. [...] [58] In regard to the character of the decision and the nature of the decision- maker, there is no dispute the City is a public body and that Anvil Centre is operated by the City.
Pages
50
Published in
Canada

Tables