The appellant school board appealed a trial judgment finding that an Education Development Levy Agreement (EDLA) between the parties was of no force and effect.
The EDLA provided for the payment of a school levy if development occurred on the respondent's lands, referencing a proposed zoning bylaw that was ultimately abandoned.
The Court of Appeal upheld the trial judge's finding that the EDLA was conditional on the proposed bylaw becoming law, as the agreement relied on the bylaw having independent legal effect to create the permitted maximum residential density.
The appeal was dismissed.
The respondent's cross-appeal for damages for breach of the same contract was also dismissed.
