Decision to Remove Dangerous Tree Upheld
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
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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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
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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Neskonlith Indian Band v. Salmon Arm (City)
September 25, 2012Legal 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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Consistency Revisited: Sevin v. Prince George (City)
September 25, 2012Legal Updates
In the recent decision of Sevin v. Prince George (City), the B.C. Supreme Court declared invalid a zoning bylaw amendment that would have allowed a former elementary school in a rural zone to be used as a 30-bed addiction treatment centre. The Supreme Court found that the amendment was inconsistent with the City’s Official Community […]
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Stop the Clocks: The New Limitation Act and Its Effect on Local Governments
September 25, 2012Legal Updates
The new Limitation Act (the “New Act”) will affect many types of claims typically faced by local governments. The biggest changes in the New Act are a shift to a basic limitation period of 2 years for most claims and a reduction in the ultimate limitation period from 30 to 15 years. Before describing the […]
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Latecomer Bylaw Upheld in Court of Appeal
September 25, 2012Legal Updates
In Okanagan Land Development Corporation v. City of Vernon 2012 BCCA 332, the Court of Appeal overturned the lower court decision which had held a latecomer bylaw to be invalid on the basis that the municipality was not authorized to impose a per unit charge based on future potential development of the benefiting properties, payable […]
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Payments in Lieu of Taxes: New Supreme Court of Canada Judgment
September 25, 2012Legal Updates
The Supreme Court of Canada has recently released its judgment in the case of Halifax (Regional Municipality) v. Canada (Public Works and Government Services), the second in a line of cases decided by the Supreme Court of Canada with respect to the application of the Federal Payments in Lieu of Taxes Act (the “Act”). This […]
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Claim for Abuse of Public Office Rejected
September 25, 2012Legal Updates
The recent British Columbia Supreme Court case of Scory v. Langley (Township) may be of interest to local government. The Plaintiff, Mr. Scory, brought action against the Township for damages allegedly resulting from the Defendant Township delaying the issuance of a building permit through what the Plaintiff claimed was an abuse of public office.
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