In a unanimous decision, the B.C. Court of Appeal has dismissed a judicial-review application by the Hastings Park Conservancy concerning slot machines at Hastings Park.

Writing for the three-member panel of judges, Justice David Tysoe ruled that the City of Vancouver's bylaw allowing slot machines in the East Vancouver park was not improper. In addition, the decision upheld the city's authority to enter into an operating agreement with Hastings Entertainment Inc., which is owned by Great Canadian Gaming Corp.

The Hastings Park Conservancy had argued that only the Vancouver park board could enter into an operating agreement because the park board has legal jurisdiction over permanent parks in Vancouver.

Tysoe concluded that it would be "particularly inappropriate" to make a ruling in this area because this issue was not raised in the petition that went before the B.C. Supreme Court. Tysoe also noted that he couldn't rule on this matter because the park board was not represented at the B.C. Court of Appeal to present its views.

In addition, Tysoe's decision stated that a provincial statute, the Pacific National Exhibition Enabling and Validating Act, gave council the power to allow slot machines, which fall within the definition of gaming events in the Gaming Control Act.

Former COPE park commissioner Lyndsay Poaps told the Straight in 2005 that she didn't feel it was her place to bring forward a motion on slot machines in Hastings Park, even though she opposed this happening.

Vancouver city council narrowly approved a rezoning application in 2004 to allow 600 slot machines in Hastings Park. It was supported by NPA councillors Peter Ladner and Sam Sullivan, as well as then-COPE mayor Larry Campbell and then-COPE councillors Jim Green, Raymond Louie, and Tim Stevenson.

One of the biggest proponents of slot machines at the time, developer Bruno Wall, donated $5,000 to Sullivan's 2002 election campaign and another $5,000 to the NPA through a numbered company that he controlled.