Recent Decisions from the Court of Appeal with Respect to Restrictive Covenants
October 18, 2021Legal Updates
The British Columbia Court of Appeal has issued two recent decisions which provide important insight into the ways local governments may utilize restrictive covenants to manage risk and regulate specific uses of land.
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British Columbia Court of Appeal Rules Approving Officer Insulated from Negligence Claims
October 18, 2021Legal Updates
In Held v. Sechelt (District), 2021 BCCA 350 the British Columbia Court of Appeal affirmed that an approving officer could not be held personally liable in negligence while acting in the course of his duties related to the review, consideration and approval of a subdivision and development within a municipality.
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August 19, 2021Legal Updates
A recent court decision confirms that the interest or bias that is required to prove an elected official has a conflict of interest is one that relates to the distinct interest of the elected official in the particular case and is not merely some financial interest possessed by that elected official that she or he […]
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July 21, 2021COVID-19 Legal Updates, Legal Updates
As of the end of the day on June 30, 2021, the COVID-19 State of Emergency, as previously declared under the Emergency Program Act (British Columbia), was cancelled. The Province is now in a period of transition under the COVID-19 Related Measures Act, SBC 2020, c. 8. The COVID-19 Related Measures Act was adopted to […]
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Claiming Privilege Over Records of Closed Meetings of Council
June 21, 2021Legal Updates
In McGraw v. Southgate (Township), 2021 ONSC 2785 the Ontario Superior Court of Justice considered the appropriateness of disclosing a recording of a closed council meeting. The disclosure was sought in a wrongful dismissal suit brought by a former employee of the Township and the recording contained discussions related to the Township’s decision to terminate […]
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Municipal Liability for Negligent Building Inspection and How to Manage Risk
March 26, 2021Legal Updates
A decision of the Ontario Superior Court from January 2021 highlights the serious financial risk to municipalities that regulate building construction and provides an opportunity for re-visiting best practices for managing such risk.
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March 5, 2021Legal Updates
In the recent decision of O.K. Industries Ltd. v District of Highlands, 2021 BCSC 81, the BC Supreme Court reaffirmed that the Province has exclusive jurisdiction over “mines” and “mining activities” as each are defined in the Mines Act, RSBC 1996, c. 293. This decision is important for local governments as it confirms that in […]
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March 2, 2021Legal Updates
Many local governments in B.C. have adopted bylaws that require property owners to clear snow and ice from the sidewalks adjacent to their properties. Questions have been raised whether the imposition of this responsibility in a bylaw also makes the property owner legally liable in negligence if a person were to be injured after slipping […]
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Private Property Rights, the Common Law and Land Use Regulation
February 16, 2021Legal Updates
On January 22, 2021, the BC Court of Appeal issued its judgment in Fonseca v Gabriola Island Local Trust Committee, 2021 BCCA 27, which overturned the trial decision from 2018.
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January 27, 2021Legal Updates
On February 1, 2021, several significant amendments to the Environmental Management Act, SBC 2003, c 53 (the “Act”) will come into force and which will result in a substantial overhaul of the Contaminated Sites Regulation, BC Reg 375/96 (the “CSR”). These changes reflect the efforts of the Province to streamline and clarify the process for […]
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