Case Law Update – Bradshaw v. Victoria (City)
2015-04-13Legal Updates
In an October 2013 post, we reported on the Supreme Court of British Columbia decision in Bradshaw v. Victoria (City). In reasons for judgment released January 7, 2015, the Court of Appeal dismissed Mr. Bradshaw’s appeal and for the most part approved the reasons of the chambers judge. For the facts of the case, please […]
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Bill 27 – A New Liquor Control and Licensing Act
2015-04-10Legal Updates
The ongoing changes to British Columbia’s liquor laws are continuing with the introduction in the Legislature of Bill 27 – the “Liquor Control and Licensing Act” – which if passed will replace the current statute of the same name. Ryan BortolinRyan Bortolin is a partner with Stewart McDannold Stuart and a member of the firm’s […]
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Building Act Receives Royal Assent
2015-03-27Legal Updates
As an update to our March 9 post about Bill 3, we note that the Building Act received Royal Assent on March 25, 2015.
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Bill 19 – Small Claims Court Goes Digital with the Civil Resolution Tribunal Act
2015-03-12Legal Updates
In recent years, the Provincial Court has been seeking solutions to deal with the challenge of a high volume of court actions and an increasing number of self-represented litigants. The legislature seems to think the solution lies in creating alternate streams of dispute resolution procedures outside the formal court system. In May of 2012 the […]
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Bill 3 Brings Changes to Building Regulation
2015-03-09Legal Updates
The BC Legislature has introduced Bill 3 – 2015, the Building Act (“Bill 3”), and has given it first reading. Bill 3 will effect a number of changes to building regulation in the province. The overarching purpose of the legislation, according the Province’s media release, is to promote consistency in the regulation of building throughout […]
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City of Campbell River Successful Against Challenge to its Tax Rates Bylaw
2015-01-28Legal Updates
In a B.C. Supreme Court decision released on January 23, 2015 (2015 BCSC 102), the authority of the City of Campbell River to set different tax rates within the same property class was upheld, and is a decision of importance to local government throughout British Columbia.
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2014-11-17Legal Updates
In the recent BC Supreme Court decision Orchiston v. Formosa, 2014 BCSC 1080, the BC Supreme Court has ruled on the interpretation to be given to section 191 of the Community Charter and, in particular, has considered defences available to local government elected officials who may be found to have authorized the expenditure of money […]
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New Anti-Spam Legislation in Force July 1, 2014
2014-06-23Legal Updates
Key provisions of the government of Canada’s new legislation: An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic […]
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Court Casts Doubt on Right of Way Clauses
2014-05-08Legal Updates
The B.C Supreme Court recently released its judgment in the case of Atco Lumber Ltd. v. Kootenay Boundary (Regional District), 2014 BCSC 524, and the Court’s decision should prompt every local government in the province to examine its standard statutory right of way documents.
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When Is An Aerodrome Not An Aerodrome?
2014-05-05Legal Updates
A recent decision of the Ontario Superior Court of Justice, Seguin (Municipality) v. Bak, 2013 ONSC 5788, represents both a win for local government, and a sound application of common sense by the court. The municipality sought an injunction requiring a landowner to demolish a structure built at and over the edge of a lake. […]
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