Countdown to Compliance: Mandatory Presale Notices for 2025 Annual Tax Sale
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 […]
Read Article
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 […]
Read Article
Community Amenity Contributions Policy Found to be Improper Mandatory Payment Regime
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 […]
Read Article
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 […]
Read Article
Density Prevails: BCSC Cancels a Building Scheme Prohibiting High-Density Construction
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 […]
Read Article
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 […]
Read Article
Supreme Court of Canada Sides with Local Governments on 5G Access in Telus decision
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 […]
Read Article
Section 7 Charter Rights and Bike Lanes – Ongoing Developments from Ontario
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 […]
Read Article
A Real Stair Case: Permitting Shoreline Stairs Raises Neighbour Dispute
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 […]
Read Article
Notice This! Navigating Tax Sale Notice Requirements
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 […]
Read Article