What is the test for the presumption of good faith and the question of deference?
British Columbia, Canada
The following excerpt is from Pucci v. North Vancouver (City), 2010 BCSC 743 (CanLII):
The petitioners contend, on the basis of Kollen v. Vancouver (City) 2007 BCCA 336, 35 M.P.L.R. (4th) 96, leave to appeal ref’d, [2007] S.C.C.A. No. 444 that the issue of good faith is not engaged by the question of improper considerations and hence neither the presumption of good faith nor the question of deference arises.
The petitioners also rely on an earlier case involving the same parties, Kollen v. Vancouver (City), 2004 BCSC 684, 49 M.P.L.R. (3d) 134, where Garson J. (as she then was) held at para. 34 that “a resolution may be quashed if it appears the decision was grounded upon or activated by an improper or incorrect assumption”.
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