June 15, 2023Uncategorized
Ryan Bortolin, Jessica Eastwood and Jeff Locke will be presenting at the LGMA conference being held in Nanaimo from June 13 to June 15. Ryan and Jessica will be providing a legal update on June 15, and Jeff will also be presenting on June 15, on the topic “Supporting Your Decisions: Essentials and Strategies for […]
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Local Government Leadership Academy
February 15, 2023Uncategorized
On February 15, 2023 Ryan Bortolin will be presenting on “Local Government Law 101” at the Local Government Leadership Academy in Nanaimo BC. The basis of his presentation will be the “Guide for Municipal Council Members and Regional District Directors in British Columbia”, a copy of which can be found here.
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October 29, 2021Legal Updates
This month the Supreme Court of Canada (SCC) released its judgment in Nelson (City) v Marchi, 2021 SCC 4. The decision provides greater clarity on how to identify and assess “core policy decisions” of local governments. This is an important decision impacting on the availability of the “policy immunity defence”, of which all local governments […]
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Recent Decisions from the Court of Appeal with Respect to Restrictive Covenants
October 18, 2021Legal Updates
The British Columbia Court of Appeal has issued two recent decisions which provide important insight into the ways local governments may utilize restrictive covenants to manage risk and regulate specific uses of land.
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Private Property Rights, the Common Law and Land Use Regulation
February 16, 2021Legal Updates
On January 22, 2021, the BC Court of Appeal issued its judgment in Fonseca v Gabriola Island Local Trust Committee, 2021 BCCA 27, which overturned the trial decision from 2018.
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August 18, 2020Legal Updates
The recent decision of Pellegrin v. Wheeldon, 2020 BCPC 143 reads as an “instructable” on neighbourly nuisances. In Judge Catherine Crockett’s judgment she reviews a lengthy history of behaviour between neighbours that would make Mr. Rogers shudder. Judge Crockett uses this decision as an opportunity to give a lesson on the torts of nuisance and […]
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May 20, 2020Legal Updates
The BC Supreme Court recently dismissed an action brought against the Regional District of Okanagan-Similkameen (the “RDOS”) by a land owner and developer seeking lost profits and other damages relating to the alleged frustration of his attempts to move forward with a planned large-scale development. Jeff Locke and Josh Krusell of Stewart McDannold Stuart successfully […]
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Plastic Checkout Bag Regulation Bylaw Quashed
August 1, 2019Legal Updates
In 2018, the City of Victoria successfully defended a petition brought by the Canadian Plastic Bag Association to quash the City of Victoria’s Checkout Bag Regulation Bylaw which prohibited businesses from providing customers with single-use plastic checkout bags. The Supreme Court determined that the Bylaw was a regulation of business and even though it may […]
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February 4, 2019Legal Updates
Introduction By its January 21, 2019 decision in Wu. V. Vancouver (City), 2019 BCCA 23, the BC Court of Appeal has overturned the 2017 decision of the BC Supreme Court in the case of Wu v. Vancouver (City), 2017 BCSC 2072 and has made important findings as it relates to the limits of legal duties […]
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BC Courts Deferential to Local Government Decisions Granting or Denying DVPs
October 31, 2018Legal Updates
In 1139652 B.C. Ltd. v Whistler (Resort Municipality), 2018 BCSC 1806, the B.C. Supreme Court recently reviewed a decision of the resort municipality of Whistler denying a property owner’s application for a Development Variance Permit (DVP). The Court upheld the decision, finding that it was reasonable.
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