The first phase of the Vancouver Island Motorsport Circuit when it was under construction. The Municipality of North Cowichan denied the VIMC a development permit for phase two of the project. That decision was quashed by the courts. (File photo)

The first phase of the Vancouver Island Motorsport Circuit when it was under construction. The Municipality of North Cowichan denied the VIMC a development permit for phase two of the project. That decision was quashed by the courts. (File photo)

North Cowichan to appeal court’s decision to quash Motorsport expansion denial

Municipality has until Dec. 6 to appeal

North Cowichan is gearing up for a legal fight.

The municipality intends to appeal the decision by the Supreme Court of B.C., made on Nov. 6, to quash its decision last year to deny the expansion plans at the Vancouver Island Motorsport Circuit.

North Cowichan’s council has instructed its legal counsel to prepare an appeal of the court’s decision, and the municipality has until Dec. 6 to file the appeal, which is 30 days from the court’s ruling on Nov. 6.

After a judicial review in September, the Supreme Court of B.C.’s Justice Diane MacDonald ruled that North Cowichan failed to provide justification for its controversial decision to deny the VIMC a development permit for its expansion plans.

MacDonald ruled that North Cowichan council’s decision to deny the application is rejected, and the matter was remitted back to council which was ordered to reassess the application on its technical merits and reconsider it.

RELATED STORY: COURT QUASHES NORTH COWICHAN’S DECISION TO DENY EXPANSION AT THE VIMC

North Cowichan’s Mayor Al Siebring declined comment on the appeal, saying the matter is now in the hands of the municipality’s lawyers, but he said after the Supreme Court’s decision that it’s up to council whether it would appeal the decision, or to go back and redo the process for VIMC’s application.

“The court’s decision was based on a ruling by the Supreme Court of Canada that was made before our judicial review was held in September,” Siebring said at the time.

“That ruling stated that if a public institution is going to change a policy, they must explain why. Basically, we were entitled to make the decision we made, but we had to give the reasons for it. We were not aware of that at the time.”



robert.barron@cowichanvalleycitizen.com

Like us on Facebook and follow us on Twitter

municipal politics

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Cowichan Valley WildSafeBC coordinator Amanda Crowston teaches a Grade 5/6 class at Ecole Cobble Hill last fall. (Submitted)
The bears are back in town and so is WildSafeBC

The bears are back in town so keep an eye out, reminds… Continue reading

The Regional District of Nanaimo has its sights set on busing to the Cowichan Valley in time for March 2022. (News Bulletin file)
Bus link between Nanaimo and the Cowichan Valley expected by next March

Unallocated transit hours already in Regional District of Nanaimo budget

North Cowichan has heated exchange over timelines of its official community plan review. (File photo)
North Cowichan’s OCP review divides council

Tight timelines leads to heated debate

Matt Ellison was a star with the Kerry Park Islanders before embarking on a pro career that included stops in the NHL and KHL. (Submitted)
Ex-NHLers to highlight Kerry Park-Peninsula alumni games

Matt Ellison and Kyle Greentree commit to suit up in August

Aaron Stone, chairman of the Island Coastal Economic Trust, said he’s encouraged with the province providing finding for local agencies to hire staff to help get back on economic track during the pandemic. (File photo)
$70K for Economic Development Cowichan for new analyst

Temporary position to help recover from pandemic

A bullet hole is seen in the windshield of an RCMP vehicle approximately 4 km from Vancouver International Airport after a one person was killed during a shooting outside the international departures terminal at the airport, in Richmond, B.C., Sunday, May 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Homicide team IDs man in fatal YVR shooting as police grapple with spate of gang violence

Man, 20, charged in separate fatal shooting Burnaby over the weekend

Vancouver Canucks goaltender Thatcher Demko (35) makes a save on Winnipeg Jets’ Nate Thompson (11) during second period NHL action in Winnipeg, Monday, May 10, 2021. THE CANADIAN PRESS/Fred Greenslade
Vancouver Canucks see NHL playoff hopes dashed despite 3-1 win over Winnipeg

Montreal Canadiens earn final North Division post-season spot

The B.C. legislature went from 85 seats to 87 before the 2017 election, causing a reorganization with curved rows and new desks squeezed in at the back. The next electoral boundary review could see another six seats added. (Black Press files)
B.C. election law could add six seats, remove rural protection

North, Kootenays could lose seats as cities gain more

The Independent Investigations Office of B.C. is investigating the shooting of an Indigenous woman in the Ucluelet First Nation community of Hitacu. (Black Press Media file photo)
B.C. First Nation wants ‘massive change’ after its 3rd police shooting in less than a year

Nuu-chah-nulth woman recovering from gunshot wounds in weekend incident near Ucluelet

Nurse Gurinder Rai, left, administers the Moderna COVID-19 vaccine to Maria Yule at a Fraser Health drive-thru vaccination site, in Coquitlam, B.C., on Wednesday, May 5, 2021. The site is open for vaccinations 11 hours per day to those who have pre-booked an appointment. THE CANADIAN PRESS/Darryl Dyck
COVID vaccine bookings to open for adults 40+, or 18+ in hotspots, across B.C.

Only people who have registered will get their alert to book

Dr. Victoria Lee, CEO of Fraser Health, hosts an update on efforts to contain B.C.’s COVID-19 transmission in Surrey and the Fraser Valley and protect hospitals in the Lower Mainland, May 6, 2021. (B.C. government video)
B.C.’s COVID-19 infection rate slowing, 20 more people die

Deaths include two people in their 40s, two in their 50s

Oak Bay resident Hugh Thompson died Friday, May 7. (GoFundMe photo)
Oak Bay dad dies mountain biking near Shawnigan Lake

Community rallies around family with online fundraiser

Most Read