The appellant railway company owned a corridor of land historically used for a railway.
When the appellant sought to develop the land for commercial and residential purposes, the respondent city passed an Official Development Plan by-law designating the corridor for use only as a public thoroughfare for transportation and greenways.
The appellant challenged the by-law, arguing it was ultra vires, constituted a de facto taking requiring compensation, and was adopted through an unfair process.
The Supreme Court of Canada dismissed the appeal, holding that the Vancouver Charter granted the city broad powers to freeze land use without acquiring the land or paying compensation.
The Court also found no de facto taking at common law because the city acquired no beneficial interest and the appellant was not deprived of all reasonable uses of the land.
Finally, the Court held the city met its duty of procedural fairness.
