3L Developments Petition to BC Supreme Court

What is the Regional Growth Strategy?

The Regional Growth Strategy (RGS) is a strategic plan adopted by the CVRD board that directs long-term planning for sustainable growth in the region. It is a commitment made by municipalities and regional districts to collaborate and ensure sustainable growth management by taking into account shared services, our unique natural environment and available resources.

The RGS aims to establish a sustainable pattern of population growth and development in the region over a twenty-five year period by encouraging and directing development in the region within the municipal areas and established rural settlement nodes. This pattern of development aims to keep urban settlement compact, protect the integrity of rural and resource areas, protect the environment, prevent sprawl, increase servicing efficiency and enhance transportation within the region.

Interested in learning more about the Regional Growth Strategy?

Visit our Regional Growth Strategy page

Updates from Russell Dyson, CVRD Chief Administrative Officer

Regarding Response to Petition by 3L Developments Inc to Supreme Court of British Columbia

August 13, 2019

The Supreme Court of British Columbia has ruled in favour of the CVRD, following a petition filed by 3L Developments last year after an application for development in Electoral Area C was denied. The ruling, released Aug. 12, 2019, dismisses all 13 claims made by 3L and awards costs to the CVRD.

The CVRD has been clear throughout this process that we believe the application to amend the Regional Growth Strategy (RGS) by 3L Developments Inc. was considered in a fair, open and transparent process. Only after thorough review, including public consultation, did the CVRD board deny the application. The reasons for judgment echo this, noting that there was no evidence of bad faith, bias or breach of procedural fairness.

  • To read the Reasons of Judgment, click here

The CVRD values the court decision and respects the time, dedication and thought that was placed by the courts throughout the process.

 

March 26, 2019

The Supreme Court of British Columbia heard arguments on a petition filed by 3L Developments Inc. over a decision by the Comox Valley Regional District to deny 3L's application to amend the Regional Growth Strategy to create a new settlement node in Electoral Area C of the region. 

The RGS is a regional planning framework that guides growth and development and protects the environment, health and livability in the CVRD for all citizens, and was only adopted after extensive public consultation and input from the community.

While our lawyer has advised us to limit our comments while this matter is before the Court for consideration, the CVRD wants to make it clear that the CVRD strongly believes that it considered 3L’s application in a fair, open and transparent process; only after a thorough review of the application, including public consultation, did the CVRD Board deny the application.

January 16, 2019 (revised March 1, 2019 with amended petitions)

The Comox Valley Regional District (CVRD) has been advised that 3L Developments Inc. intends on amending its petition and therefore the case will now be heard in the BC Supreme Court March 12-15, 2019 in Vancouver. Below are the amended petitions filed with the BC Supreme Court on Thursday, February 28th.

 

December 27, 2018 (Response to Petition)

On October 17, 2018, 3L Developments Inc. filed a petition with the Supreme Court of British Columbia seeking court orders to set aside the Comox Valley Regional District’s (CVRD) denial of the 3L’s application to amend the Regional Growth Strategy (RGS).

Our lawyer has advised us to limit our comments on this matter while it is before the court, but we do want to make it clear that the CVRD considered 3L’s application to amend the RGS in a fair, open and transparent process. We followed all requirements set out in Provincial legislation, CVRD bylaws and policies and met the Court’s expectations from previous decisions regarding 3L’s proposal.

Amending the RGS is a serious undertaking.

The RGS is a regional planning framework that guides growth and development and protects the environment, health and livability in the CVRD for all citizens.

We fully consulted with the public and 3L during this process. We kept 3L informed and respected their interest, processing their application in a timely manner.

The documents below are the same as those filed to the Supreme Court of British Columbia:

 

October 22, 2018 (Regarding Petition)

On October 18, 2018 the Comox Valley Regional District (CVRD) was served with a petition to the Supreme Court of British Columbia that was filed by 3L Developments Inc., which is seeking nine court orders linked to the CVRD Board’s October 2, 2018 decision to deny the company’s application for a Regional Growth Strategy (RGS) amendment in order to create a new settlement node. The CVRD’s solicitors are actively reviewing the petition and accompanying materials and preparing to defend this claim. The CVRD has been committed to a fair, transparent process for the application and will continue to be respectful towards the court process and applicant’s options moving forward.

Part of the petition filed by 3L Developments Inc. refers to an agreement that was reached following an allegation made to the Human Rights Tribunal in 2014.

  • The CVRD received a complaint in January 2014 through the BC Human Rights Tribunal that Director Edwin Grieve, a CVRD Director, had made racist remarks about Kabel Atwall, 3L Development’s representative
  • The CVRD entered into a settlement hearing to respond to the allegations
  • Director Grieve refutes the claim that he made any such statement
  • The CVRD and Kabel Atwall entered a settlement agreement, which included a confidentiality clause and a clause confirming that Director Grieve did not make any such comments
  • Generally speaking, decisions to enter settlement agreements are oftentimes made to
    • minimize spending public funds,
    • come to terms with the individual who may have been impacted,
    • allow the parties to move forward, and
    • focus attention on delivering public services,
    • ​as opposed to defending against such claims that could cost taxpayers significantly more money than a settlement agreement’s costs.
  • The Human Rights Tribunal dismissed the complaint in May 2014

As the agreement contained a confidentiality clause, the CVRD intends to uphold the spirit of that clause and not discuss the matter further.

Application to Amend Regional Growth Strategy (RGS)

The CVRD received an application to amend the RGS from 3L Developments Inc. on July 24, 2018 the CVRD Board voted to initiate an amendment to the RGS and consider a development proposal by 3L Developments Inc. to establish a new settlement node in Electoral Area C. On August 14, 2018 the CVRD board approved the consultation plan for the standard amendment process. As part of the consultation plan, on September 6, 2018 the CVRD with 3L Developments Inc. conducted an open house. Approximately 240 citizens attended the open house to ask questions and listen to presentations by CVRD staff and 3L Developments Inc. regarding the proposed "Riverwood" application. 

 

On Tuesday, October 2, 2018 the Comox Valley Regional District (CVRD) Board denied 3L Developments Inc. application for a new settlement node in Electoral Area C of the region. For more information view news release.

 

3L Development Inc. Frequently Asked Questions

 

Standard Amendment Process for 3L Application

Decision Making Process

Contact Us

Enquiries or comments about the Comox Valley Regional Growth Strategy or the application can be emailed.