Ironclad v West Kelowna Reversed: Court of Appeal Finds a Duty of Procedural Fairness in Setting Latecomer Fees

On June 11, 2025 the BC Court of Appeal reversed the earlier decision of the BC Supreme Court in Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285 (the “Ironclad BCSC” decision) which we wrote about here. The Court of Appeal found in its decision, cited as 2025 BCCA 191, that there was a […]

NOTE: THIS DECISION HAS BEEN OVERTURNED ON APPEAL.  PLEASE FIND OUR SUMMARY OF THE APPEAL DECISION HERE. In the recent decision Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285, the Honourable Madam Justice Hardwick held that local governments do not owe procedural fairness rights to property owners when charging them latecomer fees. Mel […]