Service Withdrawal Arbitrations
May 30, 2011Legal Updates
On February 8, 2010 an arbitrator’s decision determined the extent of the jurisdiction of a service withdrawal arbitration under section 813.13 of the Local Government Act in City of Vernon v. Regional District of North Okanagan and District of Coldstream. In this case, the City of Vernon had requested a partial withdrawal from the Greater […]
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Responding to Due Diligence Letters from a Purchaser’s Lawyer
May 25, 2011Legal Updates
In the Spring 2005 issue of this newsletter, we cautioned against providing “approval in principle” comfort letters to developers seeking to market early under the Real Estate Development and Marketing Act. In the same vein, but of more frequency and concern, are property information/zoning confirmation requests from the lawyers acting for purchasers of property. These […]
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Federal Payments in Lieu of Taxes Be Reasonable
May 25, 2011Legal Updates
In the recent case of Montreal (City) v. Montreal Port Authority, 2010 SCC 14, the Supreme Court of Canada set down some guidelines for the application of federal legislation concerning payments in lieu of taxes (“PILTs”) by the federal Crown and federal Crown corporations. Such payments are governed by the Payments in Lieu of Taxes […]
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Reserve Land – Tenures Available to Local Governments
May 25, 2011Legal Updates
Every so often, a local government may require an interest in a First Nation’s reserve lands, be it for highway/road access purposes, or to construct and operate a sewer or water line or outfall. This article identifies the interests that are available to local governments under the Indian Act on reserve lands of a First […]
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Court of Appeal Confirms Mayor Had No Conflict
May 25, 2011Legal Updates
The Court of Appeal has ruled against the Appellants in the decision of Fairbrass v. Hansma 2010 BCCA 319, upholding the lower court’s decision that the Mayor of the Township of Spallumcheen did not have a direct or indirect pecuniary interest in relation to a proposed amendment of the Township’s Official Community Plan.
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Riparian Area Regulations Reviewed
May 20, 2011Legal Updates
The Supreme Court of British Columbia recently released the first decision of that court to consider the Riparian Area Regulations (“RAR”) under the Fish Protection Act (British Columbia). In Yanke v. Salmon Arm (City) the petitioner owned a residential lot near the shore of Shuswap Lake. The lot did not immediately adjoin the natural boundary […]
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Pucci v. City of North Vancouver: Be Careful What You Wish For
May 20, 2011Legal Updates
A recent decision resulting in a successful challenge to a City of North Vancouver zoning bylaw, Pucci v. North Vancouver (City) 2010 BCSC 743, highlights a possible ground for challenging decisions, even in the absence of having to provide actual reasons. Pucci involved a challenge to a rezoning bylaw that would have had the effect […]
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May 20, 2011Legal Updates
On its face, section 49 of the Community Charter provides a powerful tool to municipalities and regional districts to seek humane destruction of vicious dogs in their jurisdictions. However, the Provincial Court of British Columbia has recently indicated that section 49 does not necessarily operate as a reliable tool to keep vicious dogs out of […]
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Tendering Law: Mandatory Means Mandatory
May 20, 2011Legal Updates
A recent Supreme Court of British Columbia decision has confirmed that when a tender requires bidders to attend a mandatory site meeting, failure to attend will most likely render a bid non-compliant, and incapable of acceptance. In Admiral Roofing Ltd. v. The Board of Education of School District No. 57, 2010 BCSC 1394, the tender […]
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Public Meetings and the Duty to Make Documents Available
May 12, 2011Legal Updates
A recent BC Supreme Court decision provides guidance on the documents municipalities must make available to the public before holding a public meeting prior to adopting a zoning bylaw. In Vancouver Island Community Forest Action Network v. Langford (City), 2010 BCSC 1357, the Vancouver Island Community Forest Action Network (“VICFAN”) petitioned for an order quashing […]
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