Is a subdivision by-law purporting to be concerned about the costs of development or about the collection of impost fees and charges?
British Columbia, Canada
The following excerpt is from Vista Hills Farms Limited (Re), 1976 CanLII 231 (BC SC):
I do not suggest that it is wrong for a council to be concerned about costs of development or about the collection of impost fees and charges but I do not consider that such a concern and motive is a proper motive for enacting a subdivision by-law purporting on its face to be concerned to lay down uniform minimum lot sizes. Spence J. delivering the judgment of the court in Ottawa v. Boyd Builders Ltd., 1965 CanLII 1 (SCC), [1965] S.C.R. 408, 50 D.L.R. (2d) 704, said at p. 709: “… the most important indicia of good faith in these matters are frankness and impartiality.” Certainly there is something less than frankness in saying that the reason for the enactment is to control population growth in accordance with target limits received from the G.V.R.D. to which no agreement in principle had yet been given.
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