Does a duty of fairness apply to a rezoning bylaw enacted to resolve a dispute between a property owner and neighbours?
Alberta, Canada
The following excerpt is from Evraz Inc. NA Canada v. Alberta, 2012 ABQB 173 (CanLII):
Examples where a duty of fairness applied include a rezoning by-law enacted to resolve a dispute between a property owner and neighbours (Wiswell v Winnipeg (City), 1965 CanLII 106 (SCC), [1965] SCR 512); a condominium conversion resolution power by city council was not legislative because the decision was limited to one specific condominium conversion application (P.J.D. Holdings Inc. v. Regina (City), 2010 SKQB 386); and a rezoning by-law that had both quasi-judicial and legislative components (Petherbridge v. Lethbridge (City), 2000 ABQB 699).
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