A Chemainus resident has filed a petition in B.C. Supreme Court seeking to quash the bylaws approving a controversial rezoning by North Cowichan. The bylaw changes, approved by council earlier this year, would enable a commercial development with two drive-throughs, a gas station and retail units at the corner of Trans-Canada Highway and Henry Road.
The project, proposed by property owner Jerry Doman through Centurion Lumber, would rezone four adjacent parcels, including land previously designated residential and industrial. Council voted 5-2 in favour of third reading following a contentious public hearing on May 21.
Jaclyn Casler filed a petition seeking judicial review of two bylaws — Official Community Plan Amendment Bylaw No. 3976 and Zoning Amendment Bylaw No. 3977 — arguing the municipality failed to follow a fair process and relied on what she called “biased input.” A judicial review is a court process that examines whether council followed the law and fair procedure.
Casler, who lives next to the affected site, said council’s decision contradicts the Official Community Plan (OCP), which discourages auto-oriented uses and promotes compact, pedestrian-friendly development.
Casler’s petition, filed on June 19, alleges four key issues: inadequate notice, procedural unfairness, biased supporting documents and the consideration of irrelevant factors in council’s decision.
Casler said development notice signage was not posted with sufficient lead time, was too small to read from the road, and lacked key details about the proposed project.
“The signs were small and inaccessible to traffic driving by, and also lacked relevant development information had anyone managed to take a picture of these signs,” she wrote in her affidavit.
She argued the notice failed to satisfy the requirements of Section 466 of the Local Government Act as well as the Municipality’s own Development Procedures Bylaw and Public Notice Bylaw.
Casler also alleged procedural unfairness, saying residents were denied a meaningful opportunity to participate in the hearing process. She argued that the development is only the first phase of a broader plan to redirect logging traffic through Chemainus — a long-term impact that was not disclosed to the public. In a 2024 email exchange included in the public hearing materials, the developer described plans for future road extensions intended to connect Juniper Road with River Road, potentially over several decades. Casler said this broader vision should have been transparently disclosed during the rezoning process.
She further contended that council relied on letters of support without disclosing that several were written by tenants of the developer. While the letters were included in the public hearing package, Casler says the public was not made aware of the authors’ relationship to the proponent. Through title searches, she confirmed that four of the supporting businesses lease property from the developer, which she described as an “inherent conflict,” and argued that “a reasonable person would assume that such a tenant would give support, regardless of merits, simply to maintain the good favour of their landlord.”
Finally, Casler contended that council improperly considered irrelevant factors in its decision, including the developer’s reputation and unrelated contributions to the community. She pointed to council comments during deliberation that referenced Doman’s past projects and his role as a local employer.
“The application should have been considered on the merits of the proposal alone,” she wrote.
More than 1,100 residents signed a petition opposing the development, citing concerns about traffic, environmental impact and the loss of industrial land. At the May 21 public hearing, several residents and community groups argued the project contradicts the OCP and fails to reflect the town’s long-term vision.
Despite that opposition, a majority of councillors — Tek Manhas, Chris Istace, Becky Hogg, Bruce Findlay, and Mike Caljouw — voted in favour, describing the project as a revitalization opportunity that would create jobs and attract investment to the highway corridor.
Mayor Rob Douglas and Coun. Christopher Justice voted against the rezoning, citing both policy concerns and the scale of public opposition.
Casler has launched a fundraising campaign to help cover legal costs associated with the petition. The fundraiser page states that she has already spent close to $800 and expects additional court-related expenses to exceed $2,000; any costs awarded would offset expenses, with any remainder donated locally.
“I hope that the people of North Cowichan are generous and donate the funds necessary for me to hire a lawyer for professional support with the process,” Casler wrote.
A spokesperson for the Municipality of North Cowichan said via email, “As this is now before the courts we are unable to provide any comment or further details.”
A hearing is scheduled for Nov. 24 at the Duncan Law Courts. If successful, Casler’s petition could lead the Supreme Court to quash both bylaws, effectively overturning North Cowichan council’s decision to rezone the property.
