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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Park Dedication or Cash in Lieu – Whose choice is it?
May 12, 2011Legal Updates
The Supreme Court of British Columbia has recently ruled that there is a relatively low threshold for determining whether a local government has the choice, under section 941(2) of the Local Government Act, of requiring dedication of park land, or payment of cash in lieu, at the time of subdivision. In Basin Construction Ltd. v. […]
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Allegation That Municipal Official Authorized Unlawful Use is No Defence to Zoning Bylaw Enforcement
May 11, 2011Legal Updates
The British Columbia Supreme Court recently reconfirmed that local government enforcement of zoning bylaws cannot be curtailed in circumstances where unlawful use might have been authorized by a municipal official and was, at the very least, known to the municipality at the time the unlawful use commenced.
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Court of Appeal Creates a Stricter Standard for Bias In Remedial Action Case
May 11, 2011Legal Updates
In McLaren v. Castlegar (City), 2011 BCCA 134, the British Columbia Court of Appeal has confirmed that a stricter standard for reasonable apprehension of bias exists when a municipal Council is engaged in an adjudicative function. The case involved a Council resolution under the remedial action sections of the Community Charter. After holding a hearing, […]
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Charter of Rights and Freedoms and the Use of Public Parks – The Battle Shifts to Alberta
May 11, 2011Legal Updates
In the recent decision of the Alberta Court of Queens Bench, R. v. Pawlowski, 2011 ABQB 93, an Alberta Justice sitting on appeal of acquittals on a bylaw prosecution for operating an amplification system in a public park, dismissed an appeal of a conviction under two Calgary bylaws. The appeal Judge found that the bylaw […]
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