COVID-19 and Bylaw Enforcement

Notwithstanding the gravity of the crisis which British Columbia and the rest of the world is facing, local governments may find themselves dealing with businesses that choose to ignore the clear directions provided by Provincial public health officials.   While it is expected that Provincial authorities will take the lead on enforcing public health orders, local […]

In two recent decisions, Saanich (District) v Brett, 2018 BCSC 1648 (“Saanich”) and Nanaimo (City) v Courtoreille, 2018 BCSC 1629 (“Nanaimo”), the BC Supreme Court considered local government applications to the Court for pre-trial injunctions to terminate unauthorized homeless encampments.  Generally, these cases represent examples of the Court undertaking a balancing of the homeless population’s need for shelter and against the […]

Local governments that have zoning regulations in effect over properties adjoining a body of water need to be aware of the British Columbia Supreme Court’s October 1, 2018 decision in Fonseca v Gabriola Island Trust Committee, 2018 BCSC 1684. At issue in the case was a zoning bylaw of the Local Trust Committee that required […]

In Wu v. Vancouver (City) 2017 BCSC 2072, Madam Justice Murray of the BC Supreme Court held that the City of Vancouver owed a duty of care to the plaintiffs, the purchasers of a home in the Shaughnessy area, who had applied for a development permit for the demolition of an existing house and construction […]

Here is a link to our post from last year concerning the annual municipal tax sale: The Annual Tax Sale Approaches!

The Building Act General Regulation was amended in February of this year and again in April, and the changes further clarify the impact that the Building Act will have on local government jurisdiction.

Administrative tribunals are decision-making bodies that are part of the system of justice in Canada, and the decisions they make can have significant impacts on local governments. The British Columbia Court of Appeal’s recent ruling, Burnaby (City) v Trans Mountain Pipeline ULC, 2017 BCCA 132, confirms that, when interpreting and applying their enabling statutes, certain […]

In the case of Abbotsford (City) v. Mary Jane’s Glass & Gifts Ltd., the Supreme Court of British Columbia granted two declarations sought by the City of Abbotsford, and ruled that the operators of Mary Jane’s Glass & Gifts Ltd. were in breach of the City of Abbotsford’s Business License Bylaw and Zoning Bylaw. Further, […]

Although the federal government is studying the legalization of marihuana, with the announced intention of introducing legislation sometime in 2017, the sale of cannabis products outside of the framework provided through the Access to Cannabis for Medical Purposes Regulations remains illegal under Canada’s Controlled Drugs and Substances Act. Even so, storefront cannabis dispensaries continue to […]

The tax sale provisions of Part 11 of the Local Government Act (“LGA”) provide municipalities with the ultimate property tax collection tool – a forced sale of the property that is subject to tax. As the saying goes, you can’t fight City Hall! However, not only is the annual tax sale a handy tax collection […]