If a "social agreement" arising from an earlier decision of a municipal council is treated as a binding contract, is it binding contract?

British Columbia, Canada

The following excerpt is from Trainor-Degirolamo v British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development), 2019 BCSC 430 (CanLII):

Furthermore, if a “social agreement” arising from an earlier decision of a municipal council is treated as a binding contract, it would create problems at all levels of government because it would interfere with subsequent government discretion to change terms or conditions of approvals to reflect the wishes of its population at that time: Davidson v. Calgary (City), 2007 ABCA 364 at paras. 13-18.

Other Questions

What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
Does contemplation of parties to a further agreement negate the existence of a binding agreement? (British Columbia, Canada)
In what circumstances will the doctrine of non est factum be applied in real estate contracts where the contract is not binding? (British Columbia, Canada)
In the absence of evidence or material addressing matters so relevant to the issue before council, is it possible to say that a decision made by the City Council was not based upon or activated by an improper or incorrect assumption? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
Can an arbitrator deal with a collective agreement that expressly or inferentially arises out of the collective agreement? (British Columbia, Canada)
When a contract is signed and signed, can a party who signed it before and at the time of the contract be found to have misrepresented the agreement? (British Columbia, Canada)
Does s. 215.5(7) of the BCSC prohibit the Superintendent of Motor Vehicles from extending the decision date of a decision until after the date of the decision has been determined? (British Columbia, Canada)
When parties are at cross-purposes and the apparent agreement is capable of either interpretation, can there be no binding contract? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.