Defamation and Release of Criminal Record Check Information
May 16, 2012Legal Updates
In the case of William v. Kelowna (City), 2012 BCSC 421, the plaintiff, William, brought an action against the City of Kelowna and one of its employees, O’Reilly, on the basis that the Defendants were negligent in processing a criminal record check and had defamed her by advising her prospective employer of the content of […]
Read Article
Limits to Lawful Non-Conforming Uses – Campgrounds, Park Models and Storage Sheds
May 16, 2012Legal Updates
A recent British Columbia Supreme Court case involving the Columbia Shuswap Regional District and a proposed development of a campground on the shore of Shuswap Lake within the Regional District may be of some interest to local government. In MM Project Management Services Inc., Re, 2012 BCSC 47 the owner of the campground lands sought […]
Read Article
“Volunteer” Firefighter Disqualified From Municipal Office
May 16, 2012Legal Updates
The recent BC Supreme Court decision in Baziuk v. Shelley may be causing some concern around the Province for elected officials who serve as “volunteer” firefighters on municipal councils and regional boards. In the Baziuk v. Shelley decision, a council member elected for the Village of Harrison Hot Springs was found to be not qualified […]
Read Article
A Balancing Act: Local Government Responses to Civil Protests
May 16, 2012Legal Updates
As spring weather returns across the Province, there has been some speculation about the possible resurgence of the “Occupy” movement, and the return of protestors to public spaces. If the Occupy protests resume, how should local governments respond if public, civic spaces are the site of encampments or permanent protests?
Read Article
Important New Conflict of Interest Case for Elected Officials
March 22, 2012Legal Updates
On October 7, 2011, just prior to the November 19, 2011 election, a Petition was filed by 16 Petitioners from Salt Spring Island against one Capital Regional District (“CRD”) Director who was the electoral area Director for Salt Spring Island, and against two Trustees of the Islands Trust (the “Trustees”). The Petitioners sought declarations that […]
Read Article
March 22, 2012Legal Updates
This review of the City of Prince Rupert’s decision to refuse to disclose records in relation to a severance agreement may provide some assistance to local governments considering similar issues. In this Order, the Adjudicator considered whether solicitor-client privilege applied to certain documents requested by the applicant, and also considered whether the release of the […]
Read Article
March 22, 2012Legal Updates
The Court of Appeal has ruled on the question of the standard for determining consistency between Official Community Plans and Zoning Bylaws. The B.C. Supreme Court decision, in which the zoning bylaw was found not to be inconsistent with the Official Community Plan, was discussed in an article in Logo Notebook in the Spring of […]
Read Article
Looking at the Past and into the Future – A Message from Guy McDannold
November 30, 2011Announcements
The Past In the late 1970’s I was a 23 year old law school graduate looking to start my legal career. I had just spent three years learning that most of the law was all about money and property; how to help people acquire more of it; secure it for them; and keep others from […]
Read Article
Summaries of 2008 Election Cases
September 28, 2011Legal Updates
Patterson v. District of Kent, 2008 BCSC 352 Patterson v. District of Kent disproves the saying that if you throw enough mud against the wall, some of it will stick. The petitioner was unsuccessful in attempting to have a by-election set aside despite raising multiple possible deficiencies in the way the election was conducted. Her […]
Read Article
The Importance of Filing Post Election Paperwork
September 28, 2011Legal Updates
There are relatively few Court decisions relating to the provisions of the Local Government Act as they apply to the filing requirements of election officials. A decision from the 2008 election, Alpha v. The Board of School Trustees of School District 61 (Greater Victoria) highlights the importance of making sure that proper paperwork is filed […]
Read Article