LITIGATION AND DISPUTE RESOLUTION
Tower and Amenity Building Under Construction
KDL's founder, Peter Kenward, has been lead counsel in numerous cases engaging municipal issues. A few examples are:
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securing an expedited Court of Appeal hearing to facilitate the reversal of a BC Supreme Court decision (Brenhill Developments Ltd) that had invalidated a development permit approval and a rezoning bylaw, and thereby halted a 13-storey 162-unit amenity social housing building in the Yaletown neighbourhood of Vancouver after it was well under construction, and that put at risk the 36-storey 448 residential unit building in close proximity. The Court of Appeal granted an expedited hearing and ultimately reversed the lower court decision
Regional Growth Strategies
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representing the private land owner (Wall) in the first piece of litigation related to determining the respective jurisdiction of municipalities and the Greater Vancouver Regional District under the Regional Growth Strategy legislation, and the implications of same for owners of lands facing the differing positions of the two levels of government. The defense of the bylaws the local government had enacted further to the land owner’s application was successful at both the BC Supreme Court and the Court of Appeal
Bylaw Challenges and Enforcement
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representing a ready mix concrete business in response to zoning and business licence bylaw enforcement proceedings that the municipality had commenced, which could have seriously impacted the continuance of the business at the defendant's home site in Langley. Municipal proceeding dismissed in June 2015
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defending challenges to official community plan and zoning bylaw approvals, including as regards a high technology business park and big box retail developments, and obtaining and enforcing an injunction to remove protestors from lands undergoing development
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litigating to overcome subdivision refusals, and unlawful preconditions to approval, as well as to set aside the designation of private property for a provincial highway
Other
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appearing before the Environmental Appeal Board to defend a permit appeal regarding the human health and environmental implications of a discharge into a creek
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litigating an appeal to Cabinet by a municipality opposed to a regional bylaw that had resulted substantial negative financial consequences for the local government
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successfully advancing a compensation claim related to impacts on a shopping, theater and restaurant centre in Langley (Thunderbird)