Employer’s Corner – The Disabled Employee Part 1
March 22, 2013Labour / Employment Law
SMS is pleased to present our new section of the LoGo Newsletter, Employer’s Corner. There are many ways employers and managers can prevent significant and costly claims by employees or former employees. I have practiced in the employment field for over 20 years and assisted a broad range of clients, including employers with over 500 […]
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Tree Protection Covenant Enforceable
March 22, 2013Legal Updates
Buck v. Regional District of Nanaimo (2 November, 2012), Victoria Registry No. 12-2289 (B.C.S.C.) This case concerned a challenge to the validity of a conservation covenant registered pursuant to Section 219 of the Land Title Act. In 2005, a land developer subdivided a 178-hectare parcel of land to create a 72-lot subdivision in the area […]
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Toronto Mayor Tackles Disqualification Ruling
March 22, 2013Legal Updates
Magder v. Ford: The Best Defense is Sometimes a Good Offense The Ontario Divisional Court, on appeal from the Ontario Superior Court, has overturned a ruling that found the Mayor of Toronto was disqualified from office for breach of the Ontario Municipal Conflict of Interest Act.
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Decision to Remove Dangerous Tree Upheld
March 22, 2013Legal Updates
Corporation of the District of Saanich v. Furber et al. 2012 BCSC 1824 This case involved a decision by Saanich to remove a 100-year-old Douglas Fir tree located on a highway boulevard. The tree was infected with a fungus that caused rotting of the roots and core of the tree. The tree outwardly appeared to […]
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January 15, 2013Legal Updates
On January 11, 2013, the Court of Appeal overturned the B.C. Supreme Court decision in Schlenker v. Torgrimson, which had been a decision alleging that members of the Salt Spring Island Local Trust Committee were in conflict because of their participation on the boards of directors of not for profit organizations. Not only did the […]
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Consistency Revisited: Sevin v. Prince George (City)
September 25, 2012Legal Updates
In the recent decision of Sevin v. Prince George (City), the B.C. Supreme Court declared invalid a zoning bylaw amendment that would have allowed a former elementary school in a rural zone to be used as a 30-bed addiction treatment centre. The Supreme Court found that the amendment was inconsistent with the City’s Official Community […]
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Latecomer Bylaw Upheld in Court of Appeal
September 25, 2012Legal Updates
In Okanagan Land Development Corporation v. City of Vernon 2012 BCCA 332, the Court of Appeal overturned the lower court decision which had held a latecomer bylaw to be invalid on the basis that the municipality was not authorized to impose a per unit charge based on future potential development of the benefiting properties, payable […]
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Claim for Abuse of Public Office Rejected
September 25, 2012Legal Updates
The recent British Columbia Supreme Court case of Scory v. Langley (Township) may be of interest to local government. The Plaintiff, Mr. Scory, brought action against the Township for damages allegedly resulting from the Defendant Township delaying the issuance of a building permit through what the Plaintiff claimed was an abuse of public office.
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Public Hearings and the Duty to Disclose Reports
September 25, 2012Legal Updates
The recent decision of the BC Court of Appeal in Fisher Road Holdings Ltd. v. Cowichan Valley (Regional District) highlights the ongoing challenges faced by local government elected and appointed officials in ensuring a fair public hearing process that can withstand judicial review. The case involved the rezoning of land in the Cowichan Valley owned […]
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