When Is An Aerodrome Not An Aerodrome?
May 5, 2014Legal Updates
A recent decision of the Ontario Superior Court of Justice, Seguin (Municipality) v. Bak, 2013 ONSC 5788, represents both a win for local government, and a sound application of common sense by the court. The municipality sought an injunction requiring a landowner to demolish a structure built at and over the edge of a lake. […]
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A Blues-Singing Busker Gets No Satisfaction From The B.C. Supreme Court
May 5, 2014Legal Updates
In Regehr v. North Vancouver (City), 2014 BCSC 513, the Supreme Court of British Columbia considered a constitutional challenge to bylaw notices issued to a blues-singing busker for contraventions of the City of North Vancouver’s noise bylaw. The Petitioner, Megan Regehr, is a singer known as “Babe Coal” who performs in a North Vancouver civic […]
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Local Elections Campaign Financing Act
May 5, 2014Legal Updates
The Local Elections Campaign Financing Act has been introduced in the Legislature. When it receives Royal Assent, the Act will impact the manner in which candidates record and report their election expenses. It will also create new reporting requirements for sponsors of election advertising, and give increased powers to BC Elections to monitor and enforce […]
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May 5, 2014Legal Updates
Two recent decisions of the BC Supreme Court have raised questions about the purpose and effect of regional growth strategies and the extent to which they actually will serve as a legally enforceable framework for regional planning goals in the face of municipal decision-making.
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Bill 17 – Land Use Contracts (The Final Chapter)
May 5, 2014Legal Updates
The statutory authority for land use contracts (as previously authorized under section 702A of the Municipal Act, RSBC 1960, c.255) was repealed by the Municipal Amendment Act, 1977. However, many land use contracts entered into before the repeal of section 702A continue in force, subject to the authority of a local government to amend or […]
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April 30, 2014Announcements
Peter Johnson will be presenting a session on “Water Services and Drinking Water – Key Issues” at the Pacific Business & Law Institute’s “Local Government 2014: Recent Developments and Emerging Issues” seminar, being held on June 9, 2014 in Vancouver. On June 12, 2014 Kathryn Stuart and Colin Stewart will be presenting a session on […]
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The Cull of the Wild: Suman v. Invermere (District)
January 8, 2014Legal Updates
Many wildlife species, including deer, are attracted to urban areas because of the bountiful food resources we humans make available to them. And while some of us enjoy the sight of a deer or two happily grazing in our back yard, there are concerns in many communities about conflicts between the growing urban deer population […]
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Employer’s Corner – WorkSafeBC Bullying and Harassment Prevention and Local Governments
January 8, 2014Labour / Employment Law
Introduction Effective July 1, 2012, the Workers Compensation Act (the “Act”) was expanded in the context of the definition of mental disorders under section 5.1 to include an injury caused by “work-related stressors”, including bullying or harassment. Also, effective November 1, 2013, the Occupational Health and Safety Prevention Manual added new policies regarding the obligations […]
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January 8, 2014Legal Updates
In the recent decision Ktunaxa Nation Council v. (British Columbia) Forests, Lands and Natural Resource Operations, 2013 BCSC 1921, Jumbo Glacier Mountain Resort Municipality (the “Municipality”) applied to be joined as a party to an action in which the Ktunaxa was seeking injunctive relief, amongst other things, against the Province. In making its decision, the […]
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Who Should Pay for Public Interest Litigation?
January 8, 2014Legal Updates
From time to time, local governments become involved in litigation that may be considered “public interest law”; that is, the answer to the legal question in dispute is unclear and the determination of the matter will serve the public interest in some way. If an important and complicated case should go to court but one […]
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