Bill 17 – Land Use Contracts (The Final Chapter)

Written by: Peter Johnson

May 5, 2014Legal 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for land use contracts (as previously authorized under section 702A of the Municipal Act, RSBC 1960, c.255) was repealed by the Municipal Amendment Act, 1977.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)

Written by: Peter Johnson

January 8, 2014Legal 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

Written by: Michael Hargraves

January 8, 2014Legal 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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Regulating “Density” – Society of Fort Langley Residents for Sustainable Development v. Langley (Township)

Written by: Ryan Bortolin

January 8, 2014Legal 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.
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Case Comment: Ktunaxa Nation Council v. (British Columbia) Forests, Lands and Natural Resource Operations

Written by: Marie Watmough

January 8, 2014Legal 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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Who Should Pay for Public Interest Litigation?

Written by: Emily Boyle

January 8, 2014Legal Updates
From time to time, local governments become involved in litigation that may be considered “public interest law”; that is, the answer to the legal question in dispute is unclear and the determination of the matter will serve the public interest in some way. If an important and complicated case should go to court but one […]
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Case Comment: Bradshaw v. Victoria (City)

Written by: Emily Boyle

October 1, 2013Legal Updates
The recent case of Bradshaw v. Victoria (City), 2013 BCSC 1710 provides a discussion of sections 879 and 929 of the Local Government Act.
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Putting Your Money Where Your (Dog’s) Mouth Is: Recovering Costs in a Dangerous Dog Destruction Order Appeal: Smith v. Central Okanagan (Regional District)

Written by: Kristen Morley

October 1, 2013Legal Updates
There are times when a local government is compelled to commence a court action to protect public safety.  Dangerous dog destruction applications, made pursuant to section 49 of the Community Charter, often fit into this category.   Such applications can be hard fought and drawn out by appeal, the result of which can be expensive for […]
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Higgins v. Quesnel (City) – Consistency Revisited (Again)

Written by: Peter Johnson

October 1, 2013Legal Updates
If anyone thought that the 2012 decision in Sevin v. Prince George (see LoGo Notebook, Fall 2012) might signal a return by the courts to greater judicial oversight on the question of consistency between an Official Community Plan and a bylaw subsequently adopted by a Board or Council, the recent decision in Higgins v. Quesnel […]
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“Regulating” and “Prohibiting” – What’s the Difference?

Written by: Ryan Bortolin

October 1, 2013Legal Updates
There are many legal issues that local governments have had to wrestle with in the 25 years since this firm was established. One issue that continues to arise is the difference between the power to prohibit and the power to regulate. A recent decision of the British Columbia Court of Appeal illustrates the difficulties that […]
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