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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Judge Orders Substantial Fines For First-Time Tree-Cutting Offender
May 11, 2011Legal Updates
On April 27, 2011, the Honourable Judge Gould of the BC Provincial Court ordered a man who cut down ten trees without permits, to pay the full minimum fine under the City of Nanaimo’s Tree Protection Bylaw for each tree cut. This amounted to $9,000.00. The defendant had cut down trees on his own family’s […]
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Proactive Disclosure of Records
May 11, 2011Legal Updates
Over the past several years Privacy Commissioners across Canada have been recommending that public bodies subject to Freedom of Information legislation, which includes local governments, adopt a system of proactive disclosure. The impetus behind the recommendation is to promote open government and, in part, the inability of some public bodies to meet the timelines required […]
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Land Title Office Institutes Mandatory Electronic Filing – What Local Governments Need to Know
May 11, 2011Legal Updates
Electronic Filing – What Is It? How Does It Work? Since 2004, the B.C. Land Title and Survey Authority (the “LTSA”) has been implementing and refining the Electronic Filing System (“EFS”). As the name suggests, EFS provides the means for land title documents and survey plans to be filed in the Land Title Office electronically, […]
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Consistency Between an Official Community Plan and Zoning Bylaw
May 4, 2011Legal Updates
On April 18, 2011, the BC Supreme Court delivered its reasons for judgment in Residents and Ratepayers of Central Saanich Society v. Central Saanich (District). This decision builds on the existing case law that addresses the issue of consistency between official community plans (OCP) and zoning bylaws. Section 884(2) of the Local Government Act requires […]
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May 2011 – Bylaw Ban on Puppy Sales Upheld
May 1, 2011Legal Updates
The Supreme Court of BC has upheld a City of Richmond bylaw that bans the sale of dogs and puppies from pet stores. In International Bio Research v. Richmond (City), 2011 BCSC 471, three pet stores challenged the validity of the bylaw on various grounds including that it was ultra vires, that it was unreasonable […]
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April 12, 2011Legal Updates
The Supreme Court of Canada (the “SCC”) has confirmed that the federal government, by virtue of its constitutional jurisdiction over aeronautics, has the exclusive authority to regulate the location of aerodromes. Municipalities and provinces have no authority to do so.
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