A British Columbia Supreme Court judge has upheld the Squamish council’s unanimous vote to block the proposed Paradise Trails eco-village near the Cheakamus River. Justice Mark Underhill, in a written ruling released on August 20, said the enactment of the rezoning bylaw was reasonable and carried out in good faith.
The developers, Tantalus at Paradise Valley Inc. and parent company Tri-City Properties at Squamish Ltd., had filed for a judicial review after the council’s June 18, 2024 decision. They argued the rejection of their project was unreasonable and unfair. They also raised claims of bad faith, but the judge found no evidence to support those allegations.
The Paradise Trails dispute dates back to 2007, when Tantalus applied to rezone 168 acres of land for development. The plan included an equestrian centre and 82 large residential lots. The site, however, was outside the District’s growth boundary and lacked basic services such as water, sewer, and fire protection. A 2008 staff report advised against the plan due to geological risks. In 2012, consultants suggested mitigation measures could address flood concerns, and the District signed a conditional master development agreement. Rezoning was approved in September 2012, even as doubts remained about safety and suitability.
In 2017, the District adopted an Integrated Flood Hazard Management Plan that restricted new construction in areas at risk along the Cheakamus River. A year later, the official community plan was updated and the Tantalus property was reclassified for resource and recreation. Despite these changes, the developer returned in 2021 to renew talks with the District. In March 2024, the company again applied to develop, claiming that engineers had identified major errors in the flood studies behind the hazard plan. By June, staff reported that the company had not filed a complete report to meet development permit rules, meaning no formal application was on record.
When the council voted unanimously to reject the plan, the developers argued that they should have been granted a public hearing. Justice Underhill disagreed, ruling that the decision not to hold a hearing was not unfair. He noted the developers had already presented their views through meetings, written submissions, and an eight-page email sent the morning of the June 18 vote. The judge wrote that there was no evidence the developers would have added anything new at a hearing.
The court also accepted that council acted out of concern for flood risks and the potential financial burden of future diking responsibilities. Justice Underhill concluded it was rational for council to pursue rezoning that allowed less development in an area outside its growth boundary, where municipal services are limited and flooding is a known threat.
The property’s value has also declined. In 2024, it was assessed at $3.4 million, down sharply from $7.16 million in 2018. With the ruling, the District of Squamish’s position is reinforced, and the Paradise Trails project remains shelved. The decision highlights the importance of balancing development goals with long-term safety, community planning, and environmental protection in flood-prone regions.
