Riparian Area Regulations Reviewed

The Supreme Court of British Columbia recently released the first decision of that court to consider the Riparian Area Regulations (“RAR”) under the Fish Protection Act (British Columbia). In Yanke v. Salmon Arm (City) the petitioner owned a residential lot near the shore of Shuswap Lake. The lot did not immediately adjoin the natural boundary […]

The Supreme Court of British Columbia has recently ruled that there is a relatively low threshold for determining whether a local government has the choice, under section 941(2) of the Local Government Act, of requiring dedication of park land, or payment of cash in lieu, at the time of subdivision. In Basin Construction Ltd. v. […]

The Supreme Court of BC has upheld a City of Richmond bylaw that bans the sale of dogs and puppies from pet stores. In International Bio Research v. Richmond (City), 2011 BCSC 471, three pet stores challenged the validity of the bylaw on various grounds including that it was ultra vires, that it was unreasonable […]

On December 9, 2009 the British Columbia Court of Appeal released its reasons for judgment in the Victoria (City) v. Adams case. The decision of the Trial Judge (released in October 2008 and reported on in our client bulletin at https://sms.bc.ca/client/2008/oct2008-1.html) received widespread attention. Given the importance of the issues, a number of additional parties […]