Can a municipality cancel a public hearing after the first and second reading of a zoning bylaw?

In Smith v. Surrey (City) (1998), 45 M.P.L.R. (2d) 74 (B.C.S.C.), Burnyeat J. heard an application for judicial review of the respondent’s decisions to withdraw its support for the petitioner’s rezoning application and cancel a scheduled public hearing. In holding that the respondent had no obligation to hold the public hearing he stated at para. 20: … nothing in the Municipal Act requires the respondent to proceed to first and second reading, to proceed to a Public Hearing once first and second reading has been given, to set a date for a Public Hearing once first and second reading has been given, to proceed with a Public Hearing even after the date for it has been set, to conclude a Public Hearing once it has commenced, to re-set a specific date if a Public Hearing is not concluded on the date originally set for it, or to set another date for a Public Hearing if no specific date is set when a Public Hearing which has commenced is adjourned. The “Code of Procedure” set out in the Municipal Act only requires a Public Hearing prior to the third reading of a zoning bylaw. Nothing which was done by the respondent failed to comply with the “Code of Procedure” set out under the Municipal Act relating to the passing of bylaws.