On June 20th, the Lorval Developments Ltd. v. Langley (Township) Supreme Court of BC decision was released. Lorval sought “… to quash or set aside the CAC Policy or alternatively the June 10, 2024 amendment to the CAC Policy, for being beyond Langley’s statutory authority (i.e. ultra vires).” 

The Hon. Justice Coval ruled in favour of Lorval, stating that “… the CAC Policy as a whole … does represent a mandatory amenity payment regime in exchange for certain, specified rezonings. As a matter of law, such a regime cannot be imposed without the appropriate statutory authority which does not exist. The CAC Policy is therefore set aside as invalid.” 

UDI is still reviewing the case and its potential broader implications. In addition, the decision may be appealed. The case will be discussed at UDI’s annual Fall Tax & Legal Update.