Derelict and Abandoned Manufactured Homes
2011-06-03Legal Updates
With building bylaws demanding increasingly strict construction standards, today’s manufactured homes are being built to stand the test of time, much like conventional houses. Unfortunately, neglect and British Columbia’s climatic conditions are turning existing holiday ramblers into ramshackle structures. Since older manufactured homes have tended to decrease in value as they age and fall into […]
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Collecting Debts as Unpaid Property Taxes – Know Your Limit, Play Within It
2011-06-03Legal Updates
As many local governments know, the treatment of fees, charges, expenses and other amounts due and owing to a municipality or regional district can, in some circumstances, be treated and collected in the same manner and with the same remedies as property taxes; if the amount owing remains unpaid on December 31st of the year […]
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Approving Officer Appeals Avoid the Dunsmuir Bullet
2011-05-30Legal Updates
In 1976 in City of Vancouver v. Simpson, the Supreme Court of Canada settled the law relating to appeals from decisions of subdivision approving officers under section 89 of the Land Title Act. The Court limited the grounds for appealing those decisions to three grounds, namely, was the decision made 1. in bad faith, 2. […]
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Court of Appeal Rejects Major Industry Tax Challenge
2011-05-30Legal Updates
As reported in Fall LoGo 2009, Catalyst Paper Corporation appealed to the British Columbia Court of Appeal from the dismissal by the Supreme Court of British Columbia of Catalyst’s four court challenges to the major industry tax rates in the District of North Cowichan, the City of Campbell River, the City of Port Alberni and […]
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Local Government Successful in First Heritage Designation Compensation Arbitration
2011-05-30Legal Updates
On February 3, 2010, the arbitrator in Rogers’ Chocolates Ltd. v. City of Victoria, handed down the first arbitration decision awarding compensation under section 969 of the Local Government Act as a result of a heritage designation bylaw. Rogers’ Chocolates Ltd. owns an old building at 913 Government Street in Victoria. It has done so […]
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2011-05-30Legal Updates
On March 18, 2010, the British Columbia Supreme Court gave its decision in Fraser Health Authority v Jongerden and upheld the ban on the distribution of raw milk in British Columbia. The court granted the injunction sought by the Fraser Health Authority prohibiting individuals from packaging and/or distributing raw milk and/or raw milk products for […]
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Service Withdrawal Arbitrations
2011-05-30Legal Updates
On February 8, 2010 an arbitrator’s decision determined the extent of the jurisdiction of a service withdrawal arbitration under section 813.13 of the Local Government Act in City of Vernon v. Regional District of North Okanagan and District of Coldstream. In this case, the City of Vernon had requested a partial withdrawal from the Greater […]
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Responding to Due Diligence Letters from a Purchaser’s Lawyer
2011-05-25Legal Updates
In the Spring 2005 issue of this newsletter, we cautioned against providing “approval in principle” comfort letters to developers seeking to market early under the Real Estate Development and Marketing Act. In the same vein, but of more frequency and concern, are property information/zoning confirmation requests from the lawyers acting for purchasers of property. These […]
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Reserve Land – Tenures Available to Local Governments
2011-05-25Legal Updates
Every so often, a local government may require an interest in a First Nation’s reserve lands, be it for highway/road access purposes, or to construct and operate a sewer or water line or outfall. This article identifies the interests that are available to local governments under the Indian Act on reserve lands of a First […]
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Court of Appeal Confirms Mayor Had No Conflict
2011-05-25Legal Updates
The Court of Appeal has ruled against the Appellants in the decision of Fairbrass v. Hansma 2010 BCCA 319, upholding the lower court’s decision that the Mayor of the Township of Spallumcheen did not have a direct or indirect pecuniary interest in relation to a proposed amendment of the Township’s Official Community Plan.
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