Law360 Canada ( August 29, 2018, 8:25 AM EDT) -- Motion by defendant city for summary judgment dismissing the action. The plaintiff acquired a vacant parcel of land in the downtown core of the defendant city. The plaintiff communicated its proposal to the defendant through a planner and a related company applied for a by-law amendment. The defendant sought road allowances for its proposed rapid transit route. The related company was very dissatisfied with the allowances sought by the defendant and withdraw its application. The defendant subsequently passed a resolution contemplating a different path for the proposed rapid transit. The plaintiff alleged that, had the defendant made its routing decision earlier, it would have proceeded with its by-law amendment application and the development. The plaintiff claimed $53 million damages on the basis the defendant was negligent, failed to act fairly and in good faith in its exercise of its discretionary authority. The defendant argued it did not owe the plaintiff a duty of care, the plaintiff withdrew its application before a decision was made, and the plaintiff could have compelled a decision on its application and pursued an appeal if dissatisfied....