Case Law Update – Bradshaw v. Victoria (City)
April 13, 2015Legal Updates
In an October 2013 post, we reported on the Supreme Court of British Columbia decision in Bradshaw v. Victoria (City). In reasons for judgment released January 7, 2015, the Court of Appeal dismissed Mr. Bradshaw’s appeal and for the most part approved the reasons of the chambers judge. For the facts of the case, please […]
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Higgins v. Quesnel (City) – Consistency Revisited (Again)
October 1, 2013Legal Updates
If anyone thought that the 2012 decision in Sevin v. Prince George (see LoGo Notebook, Fall 2012) might signal a return by the courts to greater judicial oversight on the question of consistency between an Official Community Plan and a bylaw subsequently adopted by a Board or Council, the recent decision in Higgins v. Quesnel […]
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Neskonlith Indian Band v. Salmon Arm (City)
September 25, 2012Legal Updates
The B.C. Court of Appeal has upheld the lower court ruling in Neskonlith Indian Band v. Salmon Arm (City). The lower court’s ruling was the topic of our April, 2012 client bulletin. As noted in our client bulletin, the lower court held that the City of Salmon Arm was not under a legal duty to […]
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The Duty to Consult First Nations in Relation to the Incorporation of Municipalities
September 25, 2012Legal Updates
As noted in our client bulletin dated April 2012, respecting the BC Supreme Court decision in Neskonlith Indian Band v. Salmon Arm (City), although local governments may not have a duty to consult and accommodate First Nations that parallels that of the Crown, the Crown’s duty to consult and accommodate remains an important fact of […]
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Interpreting Zoning Bylaws – Two Recent Cases
May 16, 2012Legal Updates
When the interpretation of any bylaw is in question, the court’s task is to determine the intent of the Board or Council, as expressed through the wording of the bylaw. That is not always a straightforward matter. Two recent cases illustrate the approach the courts use when interpreting zoning bylaws: Whistler (Resort Municipality) v. Whistler […]
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No Duty to Consult with First Nations Before Issuing Development Permits
April 11, 2012Legal Updates
In Neskonlith Indian Band v. Salmon Arm (City), 2012 BCSC 499, a decision released April 4, 2012, the Supreme Court of British Columbia held that local governments do not have a legal and constitutional duty to consult with and accommodate First Nations when considering development permit applications, even where the proposed development may adversely affect […]
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The Importance of Liability Waivers in Recreation Programs
March 22, 2012Legal Updates
Liability waivers are commonly used in the recreation industry, by commercial and non-commercial operators alike. A common misconception about liability waivers is that they are not enforceable. In fact, liability waivers are enforceable and can protect recreation service providers against claims of negligence, provided they are drafted and used properly. A recent decision of the […]
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New Elections Regulation – Eligibility of Local Government Volunteers for Elected Office
October 4, 2011Legal Updates
The Volunteer Eligibility for Office Regulation, B.C. Reg. 165/2011, was deposited on September 19, 2011. The Regulation provides that persons who provide volunteer services to a municipality or regional district, without monetary compensation, are not “employees” for the purpose of section 67 of the Local Government Act. Such volunteers are not disqualified from being nominated […]
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Campaign Organizers and Elector Organization
September 28, 2011Legal Updates
As we move into the upcoming local government election season it is important to bear in mind that the campaign financing rules under the Local Government Act apply not only to candidates, but to elector organizations and campaign organizers as well.
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August 9, 2011Legal Updates
The exercise of a local government’s discretion to issue a development permit is a limited one. A local government may only exercise its discretion to grant or refuse a development permit based upon the guidelines set out in its Official Community Plan, and cannot act upon “extraneous considerations”. Additionally, while it is well understood that […]
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