The Shifting Tides of Constitutional Law in British Columbia
October 1, 2013Legal Updates
The recent decision of the B.C. Supreme Court in West Kelowna (District) v. Newcombe, 2013 BCSC 1411 (“West Kelowna”), in which the court has upheld a zoning bylaw provision regulating the moorage of boats on Okanagan Lake, provides an occasion to look at the ebb and flow of constitutional law in British Columbia, particularly as […]
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Regional Districts – Looking Back Over 25 Years (Plus) of Regional Government Services
October 1, 2013Legal Updates
In 1964, the year the Beatles released “A Hard Day’s Night”, the Municipal Act of British Columbia was amended to authorize the incorporation of regional districts to enable a form of local government for persons living outside municipal boundaries who wished to have a mechanism to establish services and to allow for land use control […]
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25 Years of Local Government Statutes: The More Things Change The More They Stay The Same
October 1, 2013Legal Updates
As Stewart McDannold Stuart celebrates its 25th anniversary this year, we thought it might be interesting to take a look back at the “evolution” of local government legislation. In 1988, our founding partner Galt Wilson had a paper bound version of the Municipal Act R.S.B.C. 1979, c. 290 on his desk, published by the Queen’s […]
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A Local Government’s Discretion to Cancel a Tender
June 12, 2013Legal Updates
What should a local government do when errors in a tendering process are made, or new information comes to light that should have been included in the tender documents? A recent Ontario case, Glenview Iron & Metal Ltd. v. Smiths Falls (Town), 2012 ONSC 5378, discussed the circumstances in which a local government may cancel […]
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No Liability for Failing to Enforce Bylaws for the Management of Dangerous Dogs
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
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
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
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
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
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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