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Yaletowners make appeal to Supreme Court

CANY makes last attempt to stop tower

Yaletowners aiming to halt a controversial land swap and tower development aren't giving up.

Their lawyer, Nathalie Baker, applied June 22 for a hearing before the nation's highest court.

If the Supreme Court of Canada agrees to hear the case, Community Association of New Yaletown wants it to overturn the April 23 B.C. Court of Appeal decision that threw out their lower court victory over city hall, which briefly stopped Brenhill Developments' construction at 1099 Richards St.

The CANY filing to the Supreme Court said the appeal judges' ruling that Vancouver city hall exceeded disclosure obligations "provided a blueprint to municipalities that wish to limit their disclosure."

"As long as it renders a business decision, considers information in camera or drafts the bylaw in a narrow way, the municipality will be relieved of its disclosure obligations," said the appeal application. "The public's right to know and comment intelligently on proposed projects of major significance will be accordingly diminished."

Brenhill and the city cut a land swap deal in 2013 whereby the developer would build a 162-unit replacement at 1099 Richards for the 87-unit Jubilee House social housing project. In exchange, Brenhill would get Jubilee House's 508 Helmcken St., a city-owned property beside Emery Barnes Park, on which to build a 36-storey tower with 448 units, a preschool and retail space. CANY said it favours social housing, but not a tower that would be taller and denser than the area plan allows.

Brenhill proposed contributing $24 million to build the $30.6 million New Jubilee House and the city would fund the $6.6 million remainder from proceeds of the 508 Helmcken sale.

"CANY’s essential submission is that the City’s public disclosure was inadequate and the process was artificially divided into stages such that residents could not comment on the overall land exchange plan," said the ruling by the B.C. Court of Appeal tribunal.

The appeal court ruled that local residents have the right to sufficient information on a development proposal and the right to express their opinion on a rezoning's merits, but if they disagree, they should take it up in the political arena, not the courts.

B.C. Supreme Court Justice Mark McEwan ruled Jan. 27 in favour of CANY and slammed city hall for being opaque. He ordered construction be paused and a new public hearing be held.

City council voted April 7 for a new development permit for the 13-storey building at 1099 Richards. On April 16 it voted to rezone 508 Helmcken for the 36-storey tower.

Meanwhile, the citizens who failed to get Mayor Gregor Robertson and Coun. Geoff Meggs thrown out of office for conflict of interest filed May 14 to B.C. Court of Appeal.

Robertson and Meggs withstood the Vancouver Charter petition to B.C. Supreme Court led by ex-Vision Vancouver member Randy Helten when Justice Elliott Myers found nothing wrong on April 17 with Vision accepting donations from the city's outside workers union.

Meggs promised at CUPE Local 1004's Oct. 14, 2014 meeting that Vision would not contract out work if re-elected. The union voted at the same meeting to donate $34,000 to help re-elect city council's majority party. The donation became $102,000 because it was matched by CUPE's B.C. and national headquarters.

@bobmackin

bob@bobmackin.ca