Countdown to Compliance: Mandatory Presale Notices for 2025 Annual Tax Sale

Written by: Jessica Eastwood and Kyle Falk-Varcoe

2025-08-15Legal Updates
At 10:00 am on September 29, 2025, municipal tax collectors across British Columbia will conduct the statutorily mandated annual tax sale for 2025 (the “Annual Tax Sale”).  Properties with delinquent property tax accounts, which are those with three years of unpaid property taxes, will be sold at the Annual Tax Sale.   Jessica EastwoodJessica Eastwood is […]
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Municipalities’ Fee Simple Interests Not Conclusive Evidence of Indefeasible Title Against Aboriginal Title Holders

Written by: Josh Krusell

2025-08-14Legal Updates
Released August 7, 2025, the extensive decision of Madam Justice Young in Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490 (CanLII) has potentially far-reaching implications for local governments in British Columbia relating to the relative strength of fee simple interests in land vis-à-vis the claims of Aboriginal title holders. Josh KrusellJosh Krusell is the […]
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Community Amenity Contributions Policy Found to be Improper Mandatory Payment Regime

Written by: Josh Krusell

2025-07-23Legal Updates
In June 2025, Mr. Justice Coval found that the Township of Langley’s Community Amenity Contributions (CAC) Policy constituted an improper mandatory amenity payment regime, which meant the CAC Policy was invalid and set aside. The decision is published as Lorval Developments Ltd. v. Langley (Township), 2025 BCSC 1148. Josh KrusellJosh Krusell is the Managing Partner […]
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Onward and Upward: More Support from BCSC in dealing with Restrictive Covenants Preventing High-Density Development

Written by: Matt McCarthy

2025-07-21Legal Updates
In a recent article, Jacob Gehlen wrote about the decision in Smith v Clearwater, where the BC Supreme Court exercised its discretion under section 35 of the Property Law Act (the “PLA”) to cancel a restrictive covenant prohibiting multi-family development. Recent court decisions have addressed several similar matters, including DBKS Homes Ltd. v Taylor, 2025 BCSC 1202, where the […]
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Density Prevails: BCSC Cancels a Building Scheme Prohibiting High-Density Construction

Written by: Jacob Gehlen

2025-07-10Legal Updates
In Smith v. Clearwater Park GP Inc., 2025 BCSC 1239, the BC Supreme Court heard two petitions related to the proposed construction of a four-unit townhouse on a property in Squamish (the “Property”).  The Property was subject to a common law building scheme and restrictive covenant in favour of the original developer each restricting construction […]
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Ironclad v West Kelowna Reversed: Court of Appeal Finds a Duty of Procedural Fairness in Setting Latecomer Fees

Written by: Mel van Fram

2025-07-09Legal Updates
On June 11, 2025 the BC Court of Appeal reversed the earlier decision of the BC Supreme Court in Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285 (the “Ironclad BCSC” decision) which we wrote about here. The Court of Appeal found in its decision, cited as 2025 BCCA 191, that there was a […]
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Supreme Court of Canada Sides with Local Governments on 5G Access in Telus decision

Written by: Kyle Falk-Varcoe

2025-06-25Legal Updates
In Telus Communications Inc. v. Federation of Canadian Municipalities, 2025 SCC 15 (“Telus”) the Supreme Court of Canada considered whether the Canadian Radio-television and Telecommunications Commission (CRTC) has the authority to grant telecommunications carriers access to install modern wireless infrastructure, specifically, 5G small cell antennas, on public lands without local government consent. The court concluded […]
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Section 7 Charter Rights and Bike Lanes – Ongoing Developments from Ontario

Written by: Marshall Putnam

2025-06-10Legal Updates
On April 22, 2025, Justice Schabas of the Ontario Superior Court granted an interim injunction restraining section 195.6 of the Ontario Provincial Government’s recently amended Highway Traffic Act, SRO 1990 c. H.8 (The “HTA”) from being implemented in the decision of Cycle Toronto et al v Attorney General of Ontario et al, 2025 ONSC 2424 […]
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A Real Stair Case: Permitting Shoreline Stairs Raises Neighbour Dispute

Written by: Josh Krusell

2024-11-19Legal 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 […]
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Notice This! Navigating Tax Sale Notice Requirements

Written by: Thomas Haughian

2024-09-26Legal 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 […]
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