Can a permit fee based on volume of soil removed be an indirect levy?
British Columbia, Canada
The following excerpt is from Allard Contr. Ltd. v. Coquitlam (Dist.), 1988 CanLII 3169 (BC SC):
Counsel for Maple Ridge assures me that it was not conceded by him in the Court of Appeal in Kirkpatrick v. Maple Ridge that the permit fee was an indirect levy. However, he did agree that it is probably not open to a judge of this court to find that a fee based on volume of soil removed was not indirect.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can intervenors who received building permits after the Maple Ridge by-law was passed, but who had submitted either development or building permit applications, be subject to the levy? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
Is there an implied statement in a prospectus that implies that all the unstable soil has been removed from the site and all the peat removed? (British Columbia, Canada)
When there is no trial, can a final judgment based on an affidavit be based on affidavits? (British Columbia, Canada)
Does an addendum requiring removal of an underground storage tank need to include the removal of the tank itself? (British Columbia, Canada)
Does the exercise of discretion to issue a development permit for a residential development permit review standard of "reasonableness"? (British Columbia, Canada)
What is the test for issuing a building permit for a plan for a retaining wall based on a rough sketch? (British Columbia, Canada)
Is a Superintendent's Review based upon a written record based upon the Superintendent’s Review? (British Columbia, Canada)
If a formula is based on a crystal ball, is it possible to create a formula based solely on a single formula? (British Columbia, Canada)
Is a judge permitted to order additional costs for a trial that is taking longer than originally scheduled? (British Columbia, Canada)
