Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40866
Aura Ventures Corp. v. City of Vancouver
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
v.
Counsel
Party: Aura Ventures Corp.
Counsel
John Trueman
1625 - 1185 West Georgia Street
Vancouver, British Columbia
V6E 4E6
Telephone: (604) 282-3980
Email: wes@amlc.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: City of Vancouver
Counsel
Scott Kerwin
1200 Waterfront Centre
200 Burrard Street, P.O. Box 48600
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4111
Email: bdixon@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Municipal law — Trusts — Whether municipality acquiring property for local improvement project holds property in trust for owners of properties benefited by project
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The City of Vancouver’s enabling legislation permits groups of property owners to petition the City to undertake “local improvement projects” that benefit that group. In 1963, a group of merchants petitioned the City to construct a common parking lot that would benefit them. The City accepted the petition. It acquired the necessary land, constructed the parking lot, levied special tax assessments against the benefited properties to fund the construction, and continued to levy special assessments to fund operating expenses in subsequent years. The City’s title to the land is unencumbered and the parking lot remains. In 2019, the City announced its intention to redevelop the parking lot to construct public housing. The applicant commenced a proposed class action on behalf of the affected property owners, claiming that the City holds the parking lot in trust for them.
The trial judge dismissed the action. In a situation where there is no express trust, a government does not acquire enforceable private law trust obligations by implication unless there is a clear indication that the government so intended. In this case, multiple provisions of the statutory scheme in question were inconsistent with an implied trust. In the face of those provisions, the City could not be bound to maintain the parking lot in perpetuity.
The Court of Appeal dismissed an appeal, agreeing with the trial judge that the available evidence and statutory language could not establish the certainty of intention required for a private law trust. The court also found that the applicant could not establish the legal requirements for a resulting or constructive trust.
Lower court rulings
Supreme Court of British Columbia
CA48251, S189395
Action dismissed.
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 209, CA48251
Appeal dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-10-17 | Close file on Leave | |
| 2024-06-21 |
Discontinuance of the bill of costs, by email |
City of Vancouver |
| 2024-05-27 | Bill of costs, WITHDRAWN , Completed on: 2024-12-19 | City of Vancouver |
| 2024-02-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-02-15 | Judgment on leave sent to the parties | |
| 2024-02-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia, (Vancouver), Number CA48251, 2023 BCCA 209, dated May 23, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-01-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-05 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-10-12, (Printed version filed on 2023-10-06) | Aura Ventures Corp. |
| 2023-09-25 | Notice of name, (Letter Form), (Printed version filed on 2023-09-25) | City of Vancouver |
| 2023-09-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-09-25) | City of Vancouver |
| 2023-09-25 | Book of authorities, (Book Form), Completed on: 2023-09-26, (Printed version filed on 2023-09-25) | City of Vancouver |
| 2023-09-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-09-26, (Printed version filed on 2023-09-25) | City of Vancouver |
| 2023-08-28 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 2023-08-28 | |
| 2023-08-23 | Notice of name, (Printed version filed on 2023-08-28) | Aura Ventures Corp. |
| 2023-08-22 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-08-28) | Aura Ventures Corp. |
| 2023-08-22 | Book of authorities, (Book Form), Completed on: 2023-08-28, (Printed version filed on 2023-08-28) | Aura Ventures Corp. |
| 2023-08-22 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2023-08-28, (Printed version filed on 2023-08-28) | Aura Ventures Corp. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Aura Ventures Corp. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Vancouver | Respondent | Active |
Counsel
Party: Aura Ventures Corp.
Counsel
John Trueman
1625 - 1185 West Georgia Street
Vancouver, British Columbia
V6E 4E6
Telephone: (604) 282-3980
Email: wes@amlc.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: City of Vancouver
Counsel
Scott Kerwin
1200 Waterfront Centre
200 Burrard Street, P.O. Box 48600
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4111
Email: bdixon@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Municipal law — Trusts — Whether municipality acquiring property for local improvement project holds property in trust for owners of properties benefited by project
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The City of Vancouver’s enabling legislation permits groups of property owners to petition the City to undertake “local improvement projects” that benefit that group. In 1963, a group of merchants petitioned the City to construct a common parking lot that would benefit them. The City accepted the petition. It acquired the necessary land, constructed the parking lot, levied special tax assessments against the benefited properties to fund the construction, and continued to levy special assessments to fund operating expenses in subsequent years. The City’s title to the land is unencumbered and the parking lot remains. In 2019, the City announced its intention to redevelop the parking lot to construct public housing. The applicant commenced a proposed class action on behalf of the affected property owners, claiming that the City holds the parking lot in trust for them.
The trial judge dismissed the action. In a situation where there is no express trust, a government does not acquire enforceable private law trust obligations by implication unless there is a clear indication that the government so intended. In this case, multiple provisions of the statutory scheme in question were inconsistent with an implied trust. In the face of those provisions, the City could not be bound to maintain the parking lot in perpetuity.
The Court of Appeal dismissed an appeal, agreeing with the trial judge that the available evidence and statutory language could not establish the certainty of intention required for a private law trust. The court also found that the applicant could not establish the legal requirements for a resulting or constructive trust.
Lower court rulings
Supreme Court of British Columbia
CA48251, S189395
Action dismissed.
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 209, CA48251
Appeal dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available