Court of Appeal Rejects Major Industry Tax Challenge
2011-05-30Legal Updates
As reported in Fall LoGo 2009, Catalyst Paper Corporation appealed to the British Columbia Court of Appeal from the dismissal by the Supreme Court of British Columbia of Catalyst’s four court challenges to the major industry tax rates in the District of North Cowichan, the City of Campbell River, the City of Port Alberni and […]
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Local Government Successful in First Heritage Designation Compensation Arbitration
2011-05-30Legal Updates
On February 3, 2010, the arbitrator in Rogers’ Chocolates Ltd. v. City of Victoria, handed down the first arbitration decision awarding compensation under section 969 of the Local Government Act as a result of a heritage designation bylaw. Rogers’ Chocolates Ltd. owns an old building at 913 Government Street in Victoria. It has done so […]
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2011-05-30Legal Updates
On March 18, 2010, the British Columbia Supreme Court gave its decision in Fraser Health Authority v Jongerden and upheld the ban on the distribution of raw milk in British Columbia. The court granted the injunction sought by the Fraser Health Authority prohibiting individuals from packaging and/or distributing raw milk and/or raw milk products for […]
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Service Withdrawal Arbitrations
2011-05-30Legal 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
2011-05-25Legal 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
2011-05-25Legal 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
2011-05-25Legal 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
2011-05-25Legal 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
2011-05-20Legal 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
2011-05-20Legal 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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