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Oak Bay Development Dispute Heads to B.C. Supreme Court, Could Set Precedent for Uplands and Municipal Planning Across B.C.


By Evan Brown
July 22, 2026


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A legal battle over a proposed six-unit development in Oak Bay’s historic Uplands neighbourhood is now before the B.C. Supreme Court, in what could become one of the province’s first significant court decisions interpreting the relationship between Bill 44 and municipal design authority.

Developer 2XC Developments Ltd. has filed a petition for judicial review against the District of Oak Bay, asking the Court to overturn Council’s decisions rejecting its proposed development at 2830 and 2850 Lansdowne Road. The petition also asks the Court to either direct Council to approve the application or send it back for reconsideration with legal guidance from the Court. 

The proposal would construct three dwelling units on each of two adjoining R-2 lots within the Uplands, an area designated as a National Historic Site of Canada and subject to the unique provisions of the Oak Bay Special Powers Act and the Uplands Regulations Bylaw. 

The Developer’s Argument

In its petition, 2XC argues the project complies with Oak Bay’s zoning bylaw, which was amended following Bill 44 to permit up to four dwelling units per R-2 lot.

The company argues that both Oak Bay staff and the Advisory Design Panel recommended approval after reviewing the proposal, yet Council rejected it because of concerns over multiple buildings, neighbourhood character and tree impacts. The petition alleges Council effectively used the Uplands design approval process to prohibit a form of housing that provincial legislation now requires municipalities to permit. 

The petition also alleges Council acted unreasonably, fettered its discretion and frustrated the intent of provincial housing legislation.

Oak Bay’s Response

Oak Bay strongly disputes those claims.

In its response filed with the Court, the District argues Bill 44 did not remove Council’s authority under the Oak Bay Special Powers Act to regulate architectural design and siting within the Uplands.

The municipality says Council’s decision was based on considerations including preservation of the Uplands’ park-like character, mature tree canopy, compatibility with surrounding homes and Oak Bay also rejects the suggestion that Council is opposed to increased housing generally, noting it has approved several higher-density residential projects in the Uplands since Bill 44 came into effect, including accessory dwelling units, secondary suites and a recent four-unit development at 2560 Dorset Road. 

Why This Matters

While the case arises from one development application, its implications may extend far beyond Oak Bay.

If the Court concludes municipalities cannot rely on local design approval processes to refuse projects that otherwise comply with provincial density requirements, communities throughout British Columbia could see their ability to influence development significantly reduced.

Conversely, if the Court finds municipalities retain broad discretion to apply local design guidelines, even after Bill 44, it would affirm that local governments continue to have meaningful authority to shape how increased density is integrated into established neighbourhoods.

The case may ultimately provide important judicial guidance on how provincial housing policy, municipal zoning, official community plans and specialized local legislation are intended to work together.

For municipalities across British Columbia that are grappling with the implementation of Bill 44, this could become one of the most closely watched planning decisions in recent years.

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See also:

Oak Bay Development Dispute Heads to B.C. Supreme Court, Could Set Precedent for Uplands and Municipal Planning Across B.C. – CRD Watch Homepage

Will Oak Bay Council Allow 30 Protected Trees to Be Cut for Townhomes in the Uplands? Residents Urge Council to Reject Proposed Development – CRD Watch Homepage

Oak Bay Council Narrowly Rejects Six-Unit Uplands Development at 2830/2850 Lansdowne Rd. – CRD Watch Homepage

Oak Bay Mayor Asks Council to Vote Again on Lansdowne Road Development, by Evan Brown – CRD Watch Homepage

Oak Bay Developer turns NIMBY but still plans Saanich project that Neighbours Oppose (Letter by Dave Secco) – CRD Watch Homepage

Index of CRD Watch articles concerning the environment/ecology. – CRD Watch Homepage

Index of articles regarding Law and Bylaw – CRD Watch Homepage