B.C. court finds City of Vernon's arguments 'without merit' in case of 13-month licence delay
A B.C. judge has given the City of Vernon 14 days to make a decision on a business licence application it has left pending without explanation for more than a year.
Landowner Yuri Alexander Bos submitted two applications to the city on Jan. 9, 2023. The applications were for business licences that would allow him to operate outdoor storage facilities on two adjacent properties he owns on 34 Street in the city.
According to B.C. Supreme Court Justice Sandra Wilkinson's decision – which was issued Monday and posted online Tuesday – Bos submitted two separate applications because he was told to do so by city staff. He had previously submitted a single application for both properties.
When Bos submitted the separate applications, a city staff member told him he'd receive an answer in "approximately two weeks," according to the decision.
More than a month later, on Feb. 26, 2023, Bos had received no such response. On that date, the decision indicates, he visited the city's office in person and inquired about the status of the applications. He was told they were still under consideration and that processing times are typically two to four weeks.
It wasn't until May 26, 2023, that a business licence was issued for one of the two properties, referred to throughout the decision as "4604." Bos never received a decision on the other application, referred to as "4600."
He filed his petition for judicial review of the city's licensing approval process in November 2023, and Wilkinson held a hearing on the matter earlier this month.
"As of the hearing of the petition, March 4, 2024, the petitioner has not received any update to the status of the application with regard to 4600," the decision reads.
City submissions 'without merit'
Bos filed his petition for judicial review seeking an order of "mandamus" – essentially a court order compelling a government official to take or refrain from taking an action – requiring the city to approve his application.
The city, in its response to Bos' filing, claimed that his petition was "deficient" and left the city "guessing about the case it has to meet," according to Wilkinson's decision.
The judge rejected this submission, describing it as "without merit."
"Not only has the city filed a comprehensive response to the petition, it has also addressed the claims of the petitioner based on the merits of the petition," the decision reads. "This is not a case where the petitioner has not properly identified the legal basis for the relief sought."
The city also argued that Bos had not exhausted all of the alternative remedies available to him before filing his petition, an argument Wilkinson similarly found meritless.
According to the decision, the city claimed Bos should have filed a request for Vernon city council to reconsider a decision to refuse a business licence.
"The city completely ignores the fact that no decision has been made with respect to the petitioner’s business licence application for 4600," the decision reads. "At no time prior to the hearing of the petition did the city seek clarification of the claims. (City planning staff member) Mr. Nuriel, who provided an affidavit in support of the city’s response, fails to mention the existence of the application for 4600 or any reason for why the city has not made a decision."
The judge concluded the city's delay was unreasonable and an order of mandamus was the appropriate remedy, but she stopped short of ordering the city to approve the licence.
Rather, Wilkinson ordered the city to make a decision on the outstanding application within 14 days of her decision. If the decision it makes is to refuse the licence, it must provide reasons for doing so.
The judge dismissed Bos' claim for monetary damages, because the provincial Judicial Review Procedure Act – which governs the judicial review process – does not allow for such awards.
Wilkinson did opt to order the city to pay Bos' court costs, however.
CTVNews.ca Top Stories
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Broadcaster and commentator Rex Murphy dead at 77: National Post
The National Post is reporting that Rex Murphy, the pundit and columnist who hosted a national call-in radio show for decades, has died.
Pearson gold heist suspect arrested after flying into Toronto from India
Another suspect is in custody in connection with the gold heist at Toronto Pearson International Airport last year, police say.
Millions of cyberattacks per hour as B.C. government investigates multiple breaches
Careful attention to government statements and legislation is required to get a handle on the level of risk British Columbians’ information is under, as investigators probe multiple breaches under a continued barrage of attacks.
Ontario family receives massive hospital bill as part of LTC law, refuses to pay
A southwestern Ontario woman has received an $8,400 bill from a hospital in Windsor, Ont., after she refused to put her mother in a nursing home she hated -- and she says she has no intention of paying it.
Debate on abortion rights erupts on Parliament Hill, Poilievre vows he won't legislate
A Conservative government led by Pierre Poilievre would not legislate on, nor use the notwithstanding clause, on abortion, his office says, as anti-abortion protesters gather on Parliament Hill.
Justin and Hailey Bieber are expecting their first child together
Hailey and Justin Bieber are going to be parents. The couple announced the news on Thursday on Instagram, both sharing a video that showcases Hailey Bieber's growing belly.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
New 'Lord of the Rings' film coming in 2026
The Oscar-winning team behind the nearly US$6 billion blockbuster 'Lord of the Rings' and 'The Hobbit' trilogies is reuniting to produce two new films.