The Importance of Filing Post Election Paperwork
September 28, 2011Legal Updates
There are relatively few Court decisions relating to the provisions of the Local Government Act as they apply to the filing requirements of election officials. A decision from the 2008 election, Alpha v. The Board of School Trustees of School District 61 (Greater Victoria) highlights the importance of making sure that proper paperwork is filed […]
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The Complex Affairs of Local Governments
August 9, 2011Legal Updates
The recent case of Visinski v. Regional District of Central Okanagan (“Visinski”), of June 22, 2011, is an important decision that addresses the complexities of overlapping regulatory authority between municipalities and regional districts. Facts On November 18, 2008, a letter carrier was attacked by Mr. Visinski’s dog, Kokako. Mr. Visinski was charged under section 17.5 […]
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August 9, 2011Legal Updates
The exercise of a local government’s discretion to issue a development permit is a limited one. A local government may only exercise its discretion to grant or refuse a development permit based upon the guidelines set out in its Official Community Plan, and cannot act upon “extraneous considerations”. Additionally, while it is well understood that […]
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A Tale of Two Cabbies: Meeting the Threshold of Sufficient Reasons on Denial of a Chauffeur’s Permit
August 9, 2011Legal Updates
Municipal councils are not courts. Their reasons should not be scrutinized with the same criteria as judicial reasons. Decisions by councils are made by a vote. The Votes take into account the public interest. They may reflect political considerations. 552197 B.C. Ltd. v. City of Abbotsford, 2007 BCCA 162 at para. 14 There have been […]
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Tendering and the Test for Material Compliance
August 9, 2011Legal Updates
In the July 11, 2011 decision of Maple Reinders Inc. v. Cerco Developments Ltd., Madam Justice Fitzpatrick provides an informative discussion about the nature of “material compliance” in the tendering context. Maple Reinders was an unsuccessful bidder following a tender associated with the construction of an apartment building in Kelowna. Cerco was the tendering authority […]
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Court of Appeal Interprets Riparian Areas Regulation
August 9, 2011Legal Updates
The B.C. Court of Appeal recently issued its judgment in the case of Yanke v. Salmon Arm (City), 2011 BCCA 309, a case involving the interpretation of the Riparian Areas Regulation, B.C. Reg. 376/2004 (the “RAR”). The judgment of the Supreme Court was discussed in the Fall 2010 issue of LoGo Notebook.
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June 2011 – Important New Licensing Appeal Board Decision
June 17, 2011Legal Updates
On June 13, 2011, the Community Care and Assisted Living Appeal Board released its decision in Coleman v. Fraser Health Authority; an important decision setting out how the Appeal Board will approach all future appeals brought before it. First of all, some background. In 2008, the Supreme Court of Canada gave its decision in Dunsmuir […]
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Can the Court of Appeal Suspend a Trial Order Setting Aside a Local Government Bylaw?
June 3, 2011Legal Updates
The question of whether the British Columbia Court of Appeal has the jurisdiction and authority to suspend an order by the B.C. Supreme Court setting aside or quashing local government bylaws pending an appeal has not been expressly answered by the Court of Appeal until just recently.
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Not for Sale: Banning Commercial Signs
June 3, 2011Legal Updates
During every Federal Election, my father is not satisfied with having just an ordinary lawn sign in his front yard. He erects those 4×8 foot signs you see on highways on his front lawn. I’d like to stop that unsightly aesthetic and not just because Dad’s political preferences differ from my own.
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Local Government’s Duty to Consult with First Nations
June 3, 2011Legal Updates
In its 2003 judgment in Haida Nation v. British Columbia (Minister of Forests), the Supreme Court of Canada held that the when the provincial and federal Crown contemplate conduct that may adversely affect aboriginal right or title, they have a duty to consult with first nations. This duty is apart from any statutory requirement, and […]
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