Is a Guinea Fowl a Fowl: an Offender’s Intention and the Interpretation of Bylaws
2024-09-03Legal Updates
On June 17, 2024, in the judgment of R v Reid, 2024 BCSC 1044, Madam Justice Sharma of the British Columbia Supreme Court released her decision on what, at first blush, appears to be an undeniably odd question under appeal: is a guinea fowl a “fowl” for the purposes of Vancouver’s Animal Control Bylaw 9150 […]
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All’s Fair in Love and Latecomer Fees (Or not! See our more recent Court of Appeal summary)
2024-07-25Legal Updates
NOTE: THIS DECISION HAS BEEN OVERTURNED ON APPEAL. PLEASE FIND OUR SUMMARY OF THE APPEAL DECISION HERE. In the recent decision Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285, the Honourable Madam Justice Hardwick held that local governments do not owe procedural fairness rights to property owners when charging them latecomer fees. Mel […]
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Supreme Court Considers Impact of Zoning in Constructive Expropriation
2024-07-23Legal Updates
In the recent decision of St. John’s (City) v. Lynch, 2024 SCC 17, the Supreme Court of Canada clarified the law on constructive expropriation. The Court examined how zoning and land use regulations impact the compensation owed to a property owner for expropriation. Kyle Falk-VarcoeKyle Falk-Varcoe is a solicitor with SMS Law. He was called to […]
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Permit Pitfalls: Lessons for Local Governments from Vanderhaeghe
2024-06-04Legal Updates
In the recent decision of Sunshine Coast (Regional District) v. Vanderhaeghe, 2024 BCCA 169 (“Vanderhaeghe”), a development permit issued based on a mistaken interpretation of a non-conforming use provision of the Local Government Act (the “LGA”) implicitly granted a homeowner a development variance permit. Thomas HaughianThomas Haughian is an associate in SMS Law’s litigation group. His practice […]
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2024-03-06Legal Updates
In Fahr v Schnitzer Steel Canada Ltd., 2024 BCSC 296, the BC Supreme Court affirms that municipalities are not required to enforce bylaws so long as their decision to not undertake enforcement is done in good faith.This decision follows the Court’s prior decisions in Suncourt Homes (2019 BCSC 2258) and Lebourdais (2022 BCSC 281). Specifically, […]
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Implications of R v. Greater Sudbury for Local Governments in BC
2024-01-16Legal Updates
In the recent case of R. v. Greater Sudbury (City), 2023 SCC 28 (“Sudbury”), the Supreme Court of Canada expanded the legal duties and potential liability of “employers” under occupational health and safety (“OHS”) legislation to owners of construction projects. As a decision of the highest court in Canada, Sudbury could have significant implications for […]
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Legislation and Regulations Relating to Local Governments in British Columbia
2023-11-28Legal Updates
In the late 1990s, the Province of British Columbia introduced substantial updates to its local government enabling legislation with a series of amendments to the Municipal Act, then the lengthiest statute in the province. First, the Municipal Act was renamed as the Local Government Act. Next, the Legislature enacted the Community Charter as the core […]
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Court of Appeal Upholds Ucluelet’s Decision to Downzone a Developer’s Lands
2023-09-08Legal Updates
A recent decision of the BC Court of Appeal affirms a local government’s authority to act quickly and in good faith to forestall development via downzoning of lands, and it clarifies the doctrine of “commitment to use” in respect of claims of an owner that it has already established a lawful non-conforming use. In Onni […]
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BC Supreme Court finds that Re-Zoning Approval with Variances did not “Create a New Zone”
2022-12-19Legal Updates
Recently, the B.C. Supreme Court denied a judicial review petition challenging the approval of a re-zoning application for an apartment complex. In Penticton Society for Transparent Governance and Responsible Development v Penticton (City), 2022 BCSC 2111, the Petitioner alleged that the City had effectively created a new, non-existent land use zone when it approved an […]
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Province Introduces Bill 43, Housing Supply Act – If You Don’t Build It, They Will Come
2022-11-25Legal Updates
The BC government has introduced Bill 43 – 2022, the “Housing Supply Act” to the legislature, with the stated intention of providing “a framework for housing targets to be established for specified municipalities, and for the minister or Lieutenant Governor in Council to take certain actions if housing targets are not met.” The proposed legislation […]
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