January 19, 2017Legal Updates
In reasons released January 5, 2017, Justice Rogers of the BC Supreme Court found that a failure by a School District to hold a second advance poll in a school trustee by-election did not materially affect the outcome of the election.
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Navigating the Constitution: Shipping, Navigation and the Right to Moorage
January 11, 2017Legal Updates
The lakes, rivers and ocean shores of British Columbia are undoubtedly beautiful but the complex regulatory and legal regime that governs these bodies of water can create real uncertainty for local governments seeking to understand the extent to which they may exercise their zoning powers over land covered by water and structures erected within water.
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Season’s Greetings from Stewart McDannold Stuart
December 22, 2016Announcements
From all of the lawyers and support staff at Stewart McDannold Stuart, we wish you all the best for the holiday season, and a happy and prosperous New Year. In lieu of sending greeting cards this year, we have made a donation to Victoria’s Sandy Merriman House, which has been providing shelter and support for […]
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No “Grandfathering” Out of Requirement for Development Permit
November 10, 2016Legal Updates
In a recent decision, the BC Supreme Court confirmed that on-going development projects commenced before the enactment of an Official Community Plan are not exempt from the requirements of that OCP, nor will they be protected by the “legal non-conforming” provisions of the Local Government Act. The case of Columbia Shuswap (Regional District) v Darnell, […]
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October 19, 2016Legal Updates
Local governments that are involved in or have incorporated societies should be aware that the new Societies Act, SBC 2015, c. 18 comes into force on November 28, 2016. The new Act modernizes how societies are established and governed, bringing them more closely into line with for-profit business corporations.
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SMS Presents at the VILGMA Annual Conference – November 16-18, 2016
October 18, 2016Announcements
Colin Stewart and Madelaine Campbell will be presenting “Council Codes of Conduct – The Ethical Issues / Legal Update” at this year’s LGMA Vancouver Island Chapter annual conference. This year, the conference will be hosted by Campbell River and held at the Campbell River Maritime Heritage Centre. Colin and Madelaine will present on November 17th […]
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Presentation at the Building Officials Assocation of BC Conference
October 18, 2016Announcements
Michael Hargraves and Ryan Bortolin will be giving two presentations at the Building Officials Association of BC conference in Richmond, BC, on November 17, 2016. The topics of the presentations are “Legal Cases Involving Building Permits and Inspections” and “Regulation of Marihuana Dispensaries”.
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LGMA Clerks and Corporate Officers Forum
October 11, 2016Announcements
On October 27, Peter Johnson will be presenting a session on Signing Authority at the LGMA Clerks and Corporate Officers Forum, which is being held this year in Parksville.
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The Annual Tax Sale Approaches!
September 20, 2016Legal Updates
In September 2015 we posted a summary of the tax sale provisions of the Local Government Act. Because of the coming into force of the revised Local Government Act earlier this year, we are reproducing that article in full, with the section references updated to the Local Government Act, S.B.C. 2015, c. 1. The tax […]
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Failure to Give Notice Results in Dismissal of Claim
September 19, 2016Legal Updates
In the recent case of Kazemi v. North Vancouver (City), 2016 BCSC 1240, the BC Supreme Courrt dismissed a personal injury claim against the municipality as a result of the plaintiff’s failure to give notice within the two-month period required under the Local Government Act.
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