The appellant developer entered into an agreement to purchase land from a Crown corporation, subject to the respondent City granting subdivision and zoning.
The City granted the zoning, but later down-zoned the water lots after public objections to the developer's plans.
The developer sued for breach of contract, arguing the City breached an implied term not to rezone for a reasonable time.
The Supreme Court of Canada dismissed the appeal, holding that the City did not have the statutory capacity to make such an implied term, and that it would be an illegal fetter on the municipality's discretionary legislative powers.
