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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Tree Protection Covenant Enforceable
2013-03-22Legal 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
2013-03-22Legal 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
2013-03-22Legal 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
2013-03-22Legal 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
2013-03-22Legal 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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2013-01-15Legal 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
2012-12-10Legal 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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Neskonlith Indian Band v. Salmon Arm (City)
2012-09-25Legal Updates
The B.C. Court of Appeal has upheld the lower court ruling in Neskonlith Indian Band v. Salmon Arm (City). The lower court’s ruling was the topic of our April, 2012 client bulletin. As noted in our client bulletin, the lower court held that the City of Salmon Arm was not under a legal duty to […]
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