No Liability for Failing to Enforce Bylaws for the Management of Dangerous Dogs

Written by: Kristen Morley

June 12, 2013Legal Updates
In the recent Supreme Court of British Columbia case of Butterman v. Richmond (City) 2013 BCSC 432, the Plaintiff brought an action in negligence against the City of Richmond (the “City”) and the Richmond Animal Protection Society (“RAPS”) for failing to enforce City bylaws regarding the management of dangerous dogs.  The Plaintiff sought a court […]
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Definitely Maybe: Unlawful Reservation of Discretion in Bylaws

Written by: Michael Hargraves

June 12, 2013Legal Updates
Drafting bylaws that are effective and enforceable, while trying to maintain some degree of flexibility to deal with changing circumstances, is a challenging task.  It is perhaps an understatement to say that elected officials and the public hold a variety views about what sort of regulation is desirable in their communities, and how much.  In […]
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Freedom of Information and Protection of Privacy – Two Recent Decisions

Written by: Ryan Bortolin

June 12, 2013Legal Updates
Two recent decisions from the Office of the Information & Privacy Commissioner (“OIPC”) are of interest to local government. Once concerns a request for access to information that was considered at a closed council meeting, and was subject to solicitor client privilege. The second decision concerns a request for information about a contract awarded by […]
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Tree Protection Covenant Enforceable

Written by: Kristen Morley

March 22, 2013Legal Updates
Buck v. Regional District of Nanaimo (2 November, 2012), Victoria Registry No. 12-2289 (B.C.S.C.) This case concerned a challenge to the validity of a conservation covenant registered pursuant to Section 219 of the Land Title Act.  In 2005, a land developer subdivided a 178-hectare parcel of land to create a 72-lot subdivision in the area […]
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Court of Appeal Overturns Trial Victory for Halalt First Nation

Written by: Michael Hargraves

March 22, 2013Legal Updates
In November, 2012, the BC Court of Appeal released its judgment in the case of Halalt First Nation v. British Columbia, 2012 BCCA 472.  The Court of Appeal overturned the decision of the trial judge, who held that the provincial Crown had failed to consult with and accommodate the Halalt First Nation (“HFN”) in connection […]
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Toronto Mayor Tackles Disqualification Ruling

Written by: Colin Stewart

March 22, 2013Legal Updates
Magder v. Ford:  The Best Defense is Sometimes a Good Offense The Ontario Divisional Court, on appeal from the Ontario Superior Court, has overturned a ruling that found the Mayor of Toronto was disqualified from office for breach of the Ontario Municipal Conflict of Interest Act.
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Decision to Remove Dangerous Tree Upheld

Written by: Kristen Morley

March 22, 2013Legal Updates
Corporation of the District of Saanich v. Furber et al. 2012 BCSC 1824 This case involved a decision by Saanich to remove a 100-year-old Douglas Fir tree located on a highway boulevard.   The tree was infected with a fungus that caused rotting of the roots and core of the tree.  The tree outwardly appeared to […]
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Supreme Court of Canada Clarifies Law of Injurious Affection

Written by: Ryan Bortolin

March 22, 2013Legal Updates
In its recent decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13, the Supreme Court of Canada has clarified the legal test for determining whether a property owner is entitled to damages for injurious affection resulting from construction of a public project.  The Court has ruled that the mere fact a public […]
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New Ruling on Conflict of Interest and Participation of Elected Officials on the Boards of Not for Profit Organizations – Court of Appeal finds an Indirect Pecuniary Interest

Written by: Colin Stewart

January 15, 2013Legal Updates
On January 11, 2013, the Court of Appeal overturned the B.C. Supreme Court decision in Schlenker v. Torgrimson, which had been a decision alleging that members of the Salt Spring Island Local Trust Committee were in conflict because of their participation on the boards of directors of not for profit organizations.  Not only did the […]
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Deadline for Notice of Tax Sale Approaching

Written by: Ryan Bortolin

December 10, 2012Legal Updates
The deadline for providing notice to owners of properties purchased at this year’s tax sale is fast approaching.  Tax sales occur on the last Monday of September.  The Local Government Act requires that the collector give written notice of the tax sale and of the redemption period to persons registered in the land title office […]
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