Supreme Court of Canada Sides with Local Governments on 5G Access Rights in Telus v. Federation of Canadian Municipalities

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 […]

In Hill v Herd, 2025 BCCA 173, the BC Court of Appeal provided important clarification on the legal test to apply when determining the appropriate remedy where a continuing nuisance is established. The decision has significant implications for private litigants and local governments alike, particularly where service delivery or lawful operations intersect with residential enjoyment.   […]

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 […]

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 […]

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 […]

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 […]

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.

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.

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.

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, […]