Vancouver allowed to control development of old Arbutus rail line
Thursday, February 23rd, 2006 - 1:06 pm
The Supreme Court of Canada has ruled in favour the City of Vancouver’s Official Development Plan (ODP) that designates the Arbutus Corridor for transportation or other public use. The Arbutus Corridor is owned by Canadian Pacific Railway (CPR), which no longer uses the rail line and wishes to sell the land for most profitable housing use. In 1999, CPR proposed a commercial and residential development that prompted the city’s public use bylaw and subsequent court battle.
In 2002, the BC Supreme Court ruled that the Arbutus Corridor ODP was invalid and that the City lacked authority to enact it. The City appealed and in 2004 the BC Court of Appeal reversed that decision and held that the City had the right to enact the Arbutus Corridor ODP. Today, the Supreme Court of Canada affirmed the City’s right, under the Vancouver Charter, to enact the Arbutus Corridor ODP.
However, as CPR points out in a terse press release, they still own the land, and any change to public use can’t proceed until they sell it. CPR has set up its own public consultation process, although it studiously avoids any mention of CPR involvement on a dedicated web site at www.arbutuslands.com. Vancouver Councillor David Cadman has accused CPR of misleading the public through selective disclosure. (Sources: City of Vancouver press release; CBC Vancouver)
