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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A Blues-Singing Busker Gets No Satisfaction From The B.C. Supreme Court
2014-05-05Legal Updates
In Regehr v. North Vancouver (City), 2014 BCSC 513, the Supreme Court of British Columbia considered a constitutional challenge to bylaw notices issued to a blues-singing busker for contraventions of the City of North Vancouver’s noise bylaw. The Petitioner, Megan Regehr, is a singer known as “Babe Coal” who performs in a North Vancouver civic […]
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Local Elections Campaign Financing Act
2014-05-05Legal Updates
The Local Elections Campaign Financing Act has been introduced in the Legislature. When it receives Royal Assent, the Act will impact the manner in which candidates record and report their election expenses. It will also create new reporting requirements for sponsors of election advertising, and give increased powers to BC Elections to monitor and enforce […]
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2014-05-05Legal Updates
Two recent decisions of the BC Supreme Court have raised questions about the purpose and effect of regional growth strategies and the extent to which they actually will serve as a legally enforceable framework for regional planning goals in the face of municipal decision-making.
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Bill 17 – Land Use Contracts (The Final Chapter)
2014-05-05Legal Updates
The statutory authority for land use contracts (as previously authorized under section 702A of the Municipal Act, RSBC 1960, c.255) was repealed by the Municipal Amendment Act, 1977. However, many land use contracts entered into before the repeal of section 702A continue in force, subject to the authority of a local government to amend or […]
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The Cull of the Wild: Suman v. Invermere (District)
2014-01-08Legal Updates
Many wildlife species, including deer, are attracted to urban areas because of the bountiful food resources we humans make available to them. And while some of us enjoy the sight of a deer or two happily grazing in our back yard, there are concerns in many communities about conflicts between the growing urban deer population […]
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My Way or the Highway? Two New Cases on Section 42 Roads
2014-01-08Legal Updates
Take a drive around any municipality in British Columbia, and in all likelihood you will come across at least one stretch of highway that has never been formally dedicated, whether by subdivision plan, notice in the BC Gazette, or otherwise – but you may not realize it. From behind the windshield, all roads look more […]
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2014-01-08Legal Updates
The recent BC Supreme Court decision Society of Fort Langley Residents for Sustainable Development v. Langley (Township), 2013 BCSC 2273 (“Langley”), addresses the issue of how the word “density” is to be interpreted in the land use provisions of the Local Government Act. Ryan BortolinRyan Bortolin is a partner with Stewart McDannold Stuart and a […]
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2014-01-08Legal Updates
In the recent decision Ktunaxa Nation Council v. (British Columbia) Forests, Lands and Natural Resource Operations, 2013 BCSC 1921, Jumbo Glacier Mountain Resort Municipality (the “Municipality”) applied to be joined as a party to an action in which the Ktunaxa was seeking injunctive relief, amongst other things, against the Province. In making its decision, the […]
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