2013-10-01Legal 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)
2013-10-01Legal 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?
2013-10-01Legal 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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The Shifting Tides of Constitutional Law in British Columbia
2013-10-01Legal 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
2013-10-01Legal 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
2013-10-01Legal 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
2013-06-12Legal 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
2013-06-12Legal 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
2013-06-12Legal 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
2013-06-12Legal 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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