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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:
- Response to Petition - filed
- Affidavit #1 of James Andrew Warren - filed
- Affidavit #2 of James Andrew Warren - filed
- Affidavit of Russell Dyson - filed
- Affidavit of Alana Mullaly - filed
- Affidavit of Edwin Grieve - filed
- Affidavit of Curtis Scoville - filed
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)
- TAC Report to Steering Committee – June 25, 2018
- Steering Committee Report to board – July 5, 2018
- CVRD Board Staff Report - July 24, 2018
- CVRD Board Staff Report - August 14, 2018
- CVRD Board Staff Report - October 2, 2018
- Summary of September 6, 2018 Open House
- Holland Planning Innovations September 6, 2018 Public Open House Follow Up
- 2009 Riverwood Transportation Assessment
- 2009 Ecology and Wildlife Summary
- 3L presentation to Open House - September 6, 2018
- CVRD presentation to Open House - September 6, 2018
- CVRD presentation boards for Open House - September 6, 2018
- CVRD Board Meeting Minutes - July 24, 2018
- Committee of the Whole Meeting Minutes – July 17, 2018
- Steering Committee Meeting Minutes – July 16, 2018
- TAC Meeting Minutes – July 13, 2018
- Committee of the Whole Meeting Minutes – July 10, 2018
- 3L Development Application
An Open House was held on September 6, 2018 at the Filberg Centre in Courtenay for the public to learn more about the Regional Growth Strategy and the recent application by 3L Developments Inc. to amend the RGS by creating a new settlement node. Approximately 240 people attended and here is a summary of the Open House.