Presentation at the Community Care Licensing Officers of BC Annual Conference

Written by: SMS Lawyers

February 29, 2016Announcements
Kathryn Stuart will be presenting at the Community Care Licensing Officers of BC annual conference in Vancouver on April 15, 2016, on the topic of Administrative Law in the Community Care Licensing context.
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Presentation at North Central LGMA Conference in April

Written by: SMS Lawyers

February 29, 2016Announcements
Peter Johnson will be presenting at the North Central LGMA Conference on April 7, 2016, on the topic of competitive procurement requirements for local governments.
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Court of Appeal Upholds Decision on Campbell River Tax Bylaw

Written by: Robert Macquisten

February 4, 2016Legal Updates
In January 2015, the B.C. Supreme Court dismissed a challenge brought by TimberWest against the 2014 City of Campbell River Tax Rates Bylaw.  See our post of January 28, 2015 entitled “City of Campbell River Successful Against Challenge to its Tax Rates Bylaw”. In a decision given January 29, 2016, the British Columbia Court of […]
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Business Licensing Requirements May Assist in Limiting Marihuana Storefronts – Abbotsford (City) v. Weeds Glass & Gifts Ltd.

Written by: Madelaine Campbell

February 4, 2016Legal Updates
A recent decision by the Supreme Court of British Columbia has reinforced the fact that municipalities are under no obligation to license illegal (albeit popular) businesses in their jurisdictions.  In the decision Abbotsford (City) v. Weeds Glass & Gifts Ltd., 2016 BCSC 135, the Court issued an order to the City of Abbotsford granting an […]
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“New” Local Government Act – Update

Written by: SMS Lawyers

January 5, 2016Announcements
Further to our post of December 7, 2015, the revision of the Local Government Act is now in force, as of January 1, 2016. The citation for the statute is R.S.B.C. 2015, c. 1.
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Season’s Greetings from Stewart McDannold Stuart

Written by: SMS Lawyers

December 21, 2015Announcements
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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Exceptions to Conflict of Interest Rules – What is too ‘Remote or Insignificant’?

Written by: Sean Smith

December 11, 2015Legal Updates
Introduction: The recent decision of the Ontario Court of Appeal in Ferri v. Ontario, 2015 ONCA 683, has expanded on one of the statutory exceptions to conflict of interest rules for local government officials.  Though the Ferri case addresses an exception found in s.4(k) of the Ontario Municipal Conflict of Interest Act, a near identical […]
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“New” Proposed Local Government Act

Written by: SMS Lawyers

December 7, 2015Announcements
Following a process of consolidation and revision of the Local Government Act, a new and updated version of that important statute has been prepared by the Province and is now available to be viewed on the Provincial government website:  http://www.cscd.gov.bc.ca/lgd/policy_research/revised_lga.htm A Table of Concordance to find the way from the “old” statute to the “new” […]
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The Homelessness Crisis and Municipal Bylaws: Abbotsford (City) v. Shantz

Written by: Colin Stewart

October 27, 2015Legal Updates
The recent decision of the BC Supreme Court in Abbotsford (City) v. Shantz, 2015 BCSC 1909, is yet another indication of how the seemingly intractable problem of homelessness in Canadian society continues to create conflict and costs for local governments.   The City of Abbotsford was seeking orders from the Court for a permanent injunction against […]
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Natura Developments v Ladysmith: Supporting the Section 219 Covenant

Written by: Madelaine Campbell

October 27, 2015Legal Updates
Section 219 covenants are an essential part of any local government’s land regulation arsenal, and can be especially useful in controlling the development process on properties requiring a great deal of oversight.  In a recent case, Natura Developments Ltd. v. Ladysmith (Town), 2015 BCSC 1673, a case argued by Susan Beach of Stewart McDannold Stuart […]
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