Can a resolution of 24 April 1980 be set aside on the grounds that it was not passed in good faith and not in the public interest?
British Columbia, Canada
The following excerpt is from Capital (Regional District) v. Saanich (District), 1980 CanLII 712 (BC SC):
If that is not sufficient to set aside the resolution of 24th April 1980, then two other grounds remain: disregard of the public interest and lack of good faith. A municipality is not permitted "to exercise its powers otherwise than in the public interest and in good faith": Kuchma v. Tache, 1945 CanLII 27 (SCC), [1945] S.C.R. 234, [1945] 2 D.L.R. 13 at 16. Accordingly, a by-law which has not been passed by a municipal corporation in good faith and in the public interest is a nullity. I see no reason why the same thing should not apply to a resolution.
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