How have the courts interpreted s. 35.35(1) of the BC SPCA, s.35 of the Rules of Court, on an application to re-zone a residential development?

British Columbia, Canada


The following excerpt is from Putt v. Kunetsky, 2010 BCSC 394 (CanLII):

In Sargent v. Sandhorst, 2002 BCSC 107 at para. 22, the court found that because the city supported the rezoning of the premises and had already passed first and second reading of the bylaw and because the plaintiff had served the court application on all of the residents to whom the building scheme applied, it was unnecessary to require anything further pursuant to s. 35.

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