A Real Stair Case: Permitting Shoreline Stairs Raises Neighbour Dispute
November 19, 2024Legal Updates
The recent decision of Armstrong v. District of North Saanich, 2024 BCSC 1844 involved the District of North Saanich finding itself in the middle of a neighbour dispute. It is an important decision in confirming that the courts cannot and will not interfere with local government decisions so long as the local government can demonstrate it […]
Read Article
Notice This! Navigating Tax Sale Notice Requirements
September 26, 2024Legal Updates
At 10:00 am on October 7, 2024, municipal tax collectors across British Columbia will conduct the statutorily mandated annual tax sale for 2024. Properties with delinquent property tax accounts, which are those with three years of unpaid property taxes, will be sold to the highest bidder above the “upset price.” The upset price is the […]
Read Article
Is a Guinea Fowl a Fowl: an Offender’s Intention and the Interpretation of Bylaws
September 3, 2024Legal Updates
On June 17, 2024, in the judgment of R v Reid, 2024 BCSC 1044, Madam Justice Sharma of the British Columbia Supreme Court released her decision on what, at first blush, appears to be an undeniably odd question under appeal: is a guinea fowl a “fowl” for the purposes of Vancouver’s Animal Control Bylaw 9150 […]
Read Article
All’s Fair in Love and Latecomer Fees
July 25, 2024Legal Updates
In the recent decision Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285, the Honourable Madam Justice Hardwick held that local governments do not owe procedural fairness rights to property owners when charging them latecomer fees.
Read Article
Supreme Court Considers Impact of Zoning in Constructive Expropriation
July 23, 2024Legal Updates
In the recent decision of St. John’s (City) v. Lynch, 2024 SCC 17, the Supreme Court of Canada clarified the law on constructive expropriation. The Court examined how zoning and land use regulations impact the compensation owed to a property owner for expropriation.
Read Article
Permit Pitfalls: Lessons for Local Governments from Vanderhaeghe
June 4, 2024Legal Updates
In the recent decision of Sunshine Coast (Regional District) v. Vanderhaeghe, 2024 BCCA 169 (“Vanderhaeghe”), a development permit issued based on a mistaken interpretation of a non-conforming use provision of the Local Government Act (the “LGA”) implicitly granted a homeowner a development variance permit.
Read Article
March 6, 2024Legal Updates
In Fahr v Schnitzer Steel Canada Ltd., 2024 BCSC 296, the BC Supreme Court affirms that municipalities are not required to enforce bylaws so long as their decision to not undertake enforcement is done in good faith.This decision follows the Court’s prior decisions in Suncourt Homes (2019 BCSC 2258) and Lebourdais (2022 BCSC 281). Specifically, […]
Read Article
Implications of R v. Greater Sudbury for Local Governments in BC
January 16, 2024Legal Updates
In the recent case of R. v. Greater Sudbury (City), 2023 SCC 28 (“Sudbury”), the Supreme Court of Canada expanded the legal duties and potential liability of “employers” under occupational health and safety (“OHS”) legislation to owners of construction projects. As a decision of the highest court in Canada, Sudbury could have significant implications for […]
Read Article
Court of Appeal Upholds Ucluelet’s Decision to Downzone a Developer’s Lands
September 8, 2023Legal Updates
A recent decision of the BC Court of Appeal affirms a local government’s authority to act quickly and in good faith to forestall development via downzoning of lands, and it clarifies the doctrine of “commitment to use” in respect of claims of an owner that it has already established a lawful non-conforming use. In Onni […]
Read Article
BC Supreme Court finds that Re-Zoning Approval with Variances did not “Create a New Zone”
December 19, 2022Legal Updates
Recently, the B.C. Supreme Court denied a judicial review petition challenging the approval of a re-zoning application for an apartment complex. In Penticton Society for Transparent Governance and Responsible Development v Penticton (City), 2022 BCSC 2111, the Petitioner alleged that the City had effectively created a new, non-existent land use zone when it approved an […]
Read Article