As of May 8th, 2026, Protecting Our Vancouver Aquatic Centre Society filed a revised petition in the Supreme Court of British Columbia, streamlining our challenge against the City of Vancouver and Vancouver Board of Parks and Recreation over the unlawful removal of the 50-metre pool from the Vancouver Aquatic Centre renewal.
We're also pleased to announce that we have retained Robert Fleming Lawyers as new counsel — bringing significant experience and a track record of difficult, precedent-setting cases to bear on this judicial review.
A Streamlined, More Focused Petition
The revised petition narrows our case to a discrete and powerful judicial review issue: whether borrowing authority approved by Vancouver voters in the 2022 plebiscite for the renewal of a 50-metre aquatic facility can lawfully be used to remove it instead, after voter assent was obtained.
Vancouver voters approved the Aquatic Centre renewal borrowing on the understanding — repeatedly communicated through the City's Capital Plan and official voter materials — that the project would renew the existing 50-metre lap pool and diving facilities. The City told voters before the plebiscite that the project would "plan, design and start construction on the first phase, focusing on the renewal of the 50m lap pool and diving pool."
At no point were voters informed that the City or Park Board might instead eliminate the 50-metre facility entirely.
The petition seeks:
- a declaration that the borrowing authority approved by voters was tied to a renewed Aquatic Centre containing a 50-metre lap pool;
- an order quashing the Park Board's March 31, 2025 resolution approving a design without a 50-metre pool; and
- interim and permanent orders preventing plebiscite-authorized funds from being used on a project that does not include a 50-metre lap pool.
New Counsel: Robert Fleming Lawyers
After careful consideration of the path ahead, the Society has retained Robert Fleming Lawyers to carry this case through to hearing.
Robbie Fleming brings rare depth to this matter:
Robbie is an innovator who relishes the challenge of difficult cases, and combines creativity with strong legal and economic analysis. He was counsel on Google v. Equustek, 2017 SCC 34, the leading case in the world on the control of global content on the internet, and on the first ever ex parte appeal in the BC Court of Appeal — on a worldwide Mareva injunction with parallel asset freezing proceedings in France: Equustek v. Jack, 2016 BCCA 190.
What Happens Next
With the revised petition now filed, the case is moving toward a hearing on its merits before the Supreme Court of British Columbia. The procedural steps from here are:
- Hearing Date Set — the court schedules the hearing
- Response from Respondents — the City and Park Board file their response
- Reply from Petitioners — we respond to any new issues raised
- Hearing Preparation — final preparation of the record, factums, and oral argument
- Hearing — argument before a Supreme Court judge in Vancouver
Why This Case Matters
The 50-metre pool at the Vancouver Aquatic Centre is significant not only for competitive swimmers, but also for recreational swimmers, masters athletes, fitness users, and the broader aquatics community. Replacing it with a smaller pool would materially reduce training capacity and increase crowding pressures across the city's aquatic network.
But this case is about more than a pool.
It is about whether a borrowing plebiscite — the most direct democratic instrument available to Vancouver voters — has any legal weight at all. If the City and Park Board can obtain voter approval for one project and then deliver a materially different one, the plebiscite process is reduced to political theatre.
The Society's position is straightforward: the law does not allow that. And we are now in court to prove it.
For journalists: Mr. Fleming is not available for comment. For all other inquiries, including interview requests with Society directors and access to additional documentation, please click here to email us.
Last Updated: May 11th, 2026
With thanks,
Jon Girard
Managing Director, PROTECTING OUR VANCOUVER AQUATIC CENTRE SOCIETY
PROTECTING OUR VANCOUVER AQUATIC CENTRE SOCIETY (S0083228) is a registered non-profit organization dedicated to democratic accountability and voter rights. The judicial review (Case No. S-263492) has been brought pursuant to the Judicial Review Procedure Act.
