What is the test for a bylaw to be prohibited pursuant to s. 478(2) of the BC Code of Civil Procedure?
British Columbia, Canada
The following excerpt is from Dong v. Bowen Island Municipality, 2016 BCSC 553 (CanLII):
When then is a bylaw not consistent with an official community plan? For a bylaw to be prohibited pursuant to s. 478(2), it must be “incompatible” with the official community plan. This has also been described as requiring an “absolute and direct collision”. In Rogers v. Saanich (District) (1983), 1983 CanLII 321 (BC SC), 146 D.L.R. (3d) 475, 22 M.P.L.R. 1 (B.C.S.C.) Locke J. stated when considering the nature of such a plan:
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