Neighbourhood Association Slams City for Violations of Procedural Fairness and for Secret Contract to Build Massive Tower

BC Supreme Court will be hearing the claims of the Community Association of New Yaletown (CANY) against the City of Vancouver in a four-day hearing, starting Monday, August 25 2014. CANY’s legal petition presents evidence that the City signed a secret Land Exchange Contract with a developer, Brenhill Development Ltd. six months before the public hearing regarding the developments. The outcome of the public hearing was predetermined, in violation of procedural fairness.

CANY is asking the Court to quash the contract and subsequent rezoning in order to prevent the densest residential building in Vancouver from being built right on the corner of Emery Barnes Park downtown. This case is “one of the most troubling of several legal battles launched by citizens against the City of Vancouver,” according to the CityHallWatch website.

“The City has repeatedly violated standards of procedural fairness with respect to these two developments—from failing to disclose the contract and other related documents at the public hearing to withholding documents requested through FOI.” said CANY President Jon Green. “This was a secret, backroom deal. The entire process was extremely unfair to the public.”

CANY has posted the complete amended petition, images of the developments, a summary chronology and additional information at

This lawsuit follows fourteen others from community associations, including a petition from the Residents Association Mount Pleasant challenging the Rize development, and another from the False Creek Residents Association before the Court in early September and challenging commercial use of land that is zoned exclusively for park and recreation uses.

Download the CANY media release:
CANY Media Release, CANY v CoV, Aug 21 2014