Protecting Our Vancouver Aquatic Centre

Community updates on the legal action challenging the Vancouver Board of Parks and Recreation and City of Vancouver’s decision to downsize the Vancouver Aquatic Centre pool from 50m to 25m.

September 4th, 2025 by Jon Girard • 3 min read
Strengthening Our Supreme Court Case - Board Approves Amendment Funding

Dear Supporters and Community Members,

We're writing to provide you with an important update on our judicial review petition and how we're using the funds you've generously contributed to strengthen our case for the 50-meter pool Vancouver voters approved.

Current Status: Petition Filed, Amendment Phase Begins

As we shared in August, we successfully filed our judicial review petition in the Supreme Court of BC on August 18, 2025. Since then, our legal team at Bojm, Funt & Gibbons has been conducting a thorough review of our initial filing and has identified specific areas where we can significantly strengthen our case.

Our lawyer, Charlotte Chamberlain, has provided us with a detailed roadmap for enhancing our petition through amendments that will make our legal arguments more precise and compelling. The respondents (Vancouver Board of Parks and Recreation and City of Vancouver) will not respond to our petition until we file these amendments - a strategic decision that saves us legal costs by avoiding duplicate responses.

What the Amendment Process Involves

Charlotte has outlined specific work needed to strengthen our petition:

  • Enhanced legal research on plebiscites and legitimate expectations
  • Refined legal arguments regarding breach of fiduciary duty, bad faith, abuse of process, and FOI violations
  • More specific challenges to the unreasonableness of decisions, pointing to logical flaws and circular reasoning
  • Detailed review of each challenged decision and respective resolutions
  • Strengthened factual basis cross-referenced against our extensive documentation
  • Additional case law and legal precedents to support our arguments

This comprehensive strengthening process will position us for the strongest possible case when we go to trial.

Financial Transparency: Using Your Donations Effectively

Your support is working. Here's exactly how we're using the funds you've contributed:

Current Financial Position

  • Total Raised: $22,353.00
  • GoFundMe Fees: -$715.95
  • Net Available: $21,637.05
  • Initial Retainer Paid: -$10,000.00
  • Work to Date: -$1,519.86 (our first invoice attached here — click to view)
  • Remaining from Retainer: ~$8,500.00
  • Available for Amendments: ~$11,637.05

Amendment Cost Estimate

Charlotte estimates the amendment work will cost approximately $20,000. This represents substantial legal work that will dramatically strengthen our case by addressing every aspect of the petition with the precision required for Supreme Court proceedings.

Board Approval: Moving Forward with Confidence

PROTECTING OUR VANCOUVER AQUATIC CENTRE SOCIETY's Board of Directors has unanimously approved using the raised funds to pay for the estimated $20,000 in amendment work. This decision reflects our commitment to building the strongest possible case for Vancouver voters and ensuring every donated dollar directly supports our legal challenge.

We have sufficient funds to complete the amendment phase but will need to raise additional funding to ensure we can file a comprehensive reply to the respondents' response and complete the full trial process.

Why These Amendments Matter

The amendment process isn't just legal housekeeping - it's about transforming our petition into an ironclad case that courts cannot ignore. By sharpening our legal arguments and strengthening our factual foundation, we're ensuring that when we face the City and Park Board in court, we're presenting the most compelling case possible for democratic accountability.

This thorough approach means:

  • Stronger legal precedents supporting voter rights
  • More precise challenges to specific decision-making failures
  • Enhanced factual documentation of the democratic betrayal
  • Comprehensive legal framework for protecting plebiscite results

What Happens Next

  1. Amendment Filing: Charlotte will complete the comprehensive amendments to our petition
  2. Service on Respondents: The City and Park Board will receive our strengthened petition
  3. Response Period: Respondents will have their opportunity to file responses
  4. Reply Filing: We will file a reply to address any new issues they raise
  5. Trial Preparation: Final preparation for Supreme Court proceedings
  6. Court Hearing: Presenting our case to the judge

Continue Supporting This Fight

While we have sufficient funds for the amendment phase, we need your continued support for the reply phase, final trial preparation and court representation. The legal process includes multiple phases, and we must be prepared to respond comprehensively to whatever arguments the City and Park Board present in their defense.

Every contribution helps ensure we can see this fight through to the end and maintain the legal momentum we've built.

Continue Supporting Our Legal Fight - Donate on GoFundMe

Our Commitment to You

We remain committed to complete transparency about how every dollar is spent. You'll continue receiving detailed updates on our progress, legal costs, and developments in the case. This is your fight as much as ours - Vancouver voters deserve the 50-meter pool they approved, and we won't stop until we get it.

This is about more than a pool - it's about whether your vote means anything in Vancouver. By strengthening our legal case now, we're building the foundation for a precedent-setting victory that protects democratic rights for all Vancouver residents.

Thank you for your continued support. Together, we're showing that voter betrayal has consequences and that democracy in Vancouver can be defended.

The legal fight continues. Vancouver voted for a 50-meter pool. Vancouver deserves a 50-meter pool. Help us make sure Vancouver gets one.

In solidarity,

Jon Girard, Susan Boutwood & Carlie McPhee Directors, PROTECTING OUR VANCOUVER AQUATIC CENTRE SOCIETY

PROTECTING OUR VANCOUVER AQUATIC CENTRE SOCIETY is a registered non-profit organization (S0083228) dedicated to democratic accountability and voter rights.

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PODCAST
Podcast cover

Episode 1: Understanding the Vancouver Aquatic Centre Legal Challenge

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