June 3, 2011Legal Updates
We’ve had a pretty cold winter so I’m going to hope that our summer will be dry and hot. That’s good because I love to camp… legally that is. For many local governments, a dry hot summer may lead to an increase in unlawful camping. This will require an expansion of municipal services. In B.C. […]
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Court of Appeal Upholds LGA s.943 Ruling (Sort of!)
June 3, 2011Legal Updates
In the Summer 2008 issue, we reported on the B.C. Supreme Court Ruling in 694385 B.C. Ltd. v. Capital Regional District regarding the interpretation of s. 943 of the Local Government Act. In that case the court disagreed with the petitioner’s attempt to argue that the one-year grace period created by s. 943 applied to […]
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The Far Reach of Freedom of Information to Local Government Subsidiaries
June 3, 2011Legal Updates
Local governments that have created corporations to operate their activities have an interest in the outcome of the Office of the Information and Privacy Commissioner for British Columbia (Order F09-08) – Corporation of the Village of Burns Lake, April 30, 2009, where two applicants made requests for information under the B.C. Freedom of Information and […]
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You Should be A-Waltzing with TILMA Today
June 3, 2011Legal Updates
The Trade Investment and Labour Mobility Agreement (“TILMA”), an agreement between the governments of British Columbia and Alberta came into effect on April 1, 2009 for the MASH sector (municipalities, academic institutions, schools and hospitals) in British Columbia.
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No Defamation Remedy for Local Government
June 3, 2011Legal Updates
The law of defamation has recently changed for local government in British Columbia. In 1975, the British Columbia Court of Appeal in the City of Prince George v. British Columbia Television Systems Ltd. held that local government could bring an action for defamation. The Court held that since every incorporated municipality has all the rights […]
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On the Waterfront – Two Recent Cases Examine the Authority to Regulate the Marine Environment
June 3, 2011Legal Updates
The British Columbia courts have recently released two important decisions relating to the constitutional authority of governments to regulate the marine environment. In one of them, Salt Spring Island Local Trust Committee v. B&B Ganges Marina Ltd., 2008 BCCA 544 (“B&B Ganges”), the Court of Appeal examined a local government’s authority to regulate a floating […]
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The Summer of Discontent: The 2009 Major Industry Tax Revolt
June 3, 2011Legal Updates
In the midst of the global recession, which has severely affected the British Columbia economy generally and the economies of resource communities in particular, several communities across British Columbia are facing an unprecedented tax revolt by major industry. In Campbell River, North Cowichan, Port Alberni and Powell River proceedings have been commenced in British Columbia […]
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Tips for Preparing and Registering Section 219 Covenants
June 3, 2011Legal Updates
Section 219 Covenants are without a doubt a very useful part of the local government toolbox in British Columbia. The history and purpose of the Section 219 Covenant is too vast a subject for a brief article such as this one. It is enough to say that a Section 219 Covenant is an agreement between […]
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June 3, 2011Legal Updates
The Facts of the Case In Heyes v. Vancouver, TransLink, Canada Rapid Line Transit Inc. and Transit B.C. Limited Partnership the defendants, TransLink, Canada Rapid Line Transit Inc. and Transit B.C. Limited Partnership were found liable in nuisance for the damages to the business operated by the plaintiff caused by the massive disruption of switching […]
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Awarding Costs in Public Interest Cases
June 3, 2011Legal Updates
The issue in Vancouver (City) v. Zhang, 2009 BCSC 614, was whether costs should be awarded against an unsuccessful party alleging a breach of the party’s rights under the Charter of Rights and Freedoms where that party’s interest coincides with the public interest.
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