
Breaking News: Judgment Passed for UBC Parking Court Case
Posted by Brian Wong on Mar 30, 2009, under AerNews
Verdict: PARK ANYWHERE, AND DON’T PAY EVERYBADY!!!
Verdict: The Court ruled against UBC, and ticketing is illegal, and people are allowed to recoup their losses.
More details to come (check this post for constant updates as they come).
- 4:47pm- full verdict document: Judge Goepel Re: Barbour v. The University of British Columbia (warning: it’s long)
- 8:19pm- areas of verdict to pay attention to:
[73]
Considering the merits of this matter, it is noteworthy that almost half of UBC’s tickets go unpaid. The person who has been penalized by UBC’s regime is the good citizen whose natural instinct is to trust that UBC has the power to impose the Parking Regulation Fines and pays the fine when it is demanded. There is something fundamentally unfair that those good citizens should not recover the money that UBC had no right to collect in the first instance.[80]
The Parking Regulation Fines are ultra vires. UBC cannot enter contracts or licenses that incorporate the Parking Regulation Fines. UBC’s common law proprietary rights authorize the towing and storage of vehicles parked contrary to the Parking Regulations. UBC is entitled to collect the costs arising from such towing. UBC cannot, however, rely on its proprietary rights to charge or collect the Parking Regulation Fines. The plaintiff and other class members are entitled to restitution in the amount of the Parking Regulation Fines subject only to applicable defences under the Limitations Act, towing and storage charges and the applicability of UBC’s claim of set-off which has yet to be resolved.
- 10:27am – April 1st – CBC article about the verdict here.




