January 20, 2021Legal Updates
In Reasons for Judgement issued January 8, 2021 in Allan v Froese, 2021 BCSC 28 [Allan], the BC Supreme Court upheld the long-standing principle that the acceptance of a campaign contribution from a developer to an elected local government official does not establish that the official has a monetary interest in that developer’s matters before […]
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The Limitation Defence in the Public Authorities Context: A Tool for Disposing of Claims Summarily
November 30, 2020Legal Updates
The civic functions performed by many public authorities put their employees in routine contact with members of the public. As can be expected, their public-facing nature will consequently make these public bodies and their employees the target of some frivolous litigation. The finite time and financial resources available to address these nuisance claims are an […]
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Surrey not Responsible for Tree Fallen on a Car Due to Policy Defence
October 19, 2020Legal Updates
A claim against the City of Surrey recently came before the B.C. Civil Resolution Tribunal for the relatively modest amount of $5,000, but the decision of the Tribunal is nevertheless illustrative of the power of the policy immunity defence for local governments facing claims of negligence.
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Supreme Court of Canada Greenlights Appeal of Municipal Snow Clearing Case
August 21, 2020Legal Updates
On August 20, 2020, the Supreme Court of Canada granted leave to hear a future appeal in the matter of Marchi v. City of Nelson. This case arose from an incident in Nelson, BC in January 2015. The City was experiencing a heavy snowfall and on the early morning of January 5 sent out City […]
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August 18, 2020Legal Updates
The recent decision of Pellegrin v. Wheeldon, 2020 BCPC 143 reads as an “instructable” on neighbourly nuisances. In Judge Catherine Crockett’s judgment she reviews a lengthy history of behaviour between neighbours that would make Mr. Rogers shudder. Judge Crockett uses this decision as an opportunity to give a lesson on the torts of nuisance and […]
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May 20, 2020Legal Updates
The BC Supreme Court recently dismissed an action brought against the Regional District of Okanagan-Similkameen (the “RDOS”) by a land owner and developer seeking lost profits and other damages relating to the alleged frustration of his attempts to move forward with a planned large-scale development. Jeff Locke and Josh Krusell of Stewart McDannold Stuart successfully […]
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May 14, 2020Legal Updates
The B.C. Supreme Court recently dismissed a judicial review petition challenging the validity of a Town of Gibsons zoning bylaw amendment on grounds that it conflicted with the Official Community Plan (OCP) by allowing for a new high-density residential development in Gibsons.
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Court of Appeal weighs in on Application of Vavilov to Local Governments
May 6, 2020Legal Updates
Last year, the Supreme Court of Canada in the decision of Canada (Minister of Immigration) v Vavilov, 2019 SCC 65 (“Vavilov”), revised the test for determining the applicable standard of review in judicial review decisions. Following Vavilov, the default standard of review is reasonableness, subject to a few very specific exceptions. For a more detailed […]
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Court Approval of Waiver of Liability Clauses Contained in Section 219 Covenants
April 27, 2020Legal Updates
Recently, in Nelson v British Columbia (Environment), 2020 BCSC 479 (“Nelson”), the BC Supreme Court examined and ultimately approved a broad exclusion of liability clause contained in a restrictive covenant registered on title to property pursuant to section 219 of the Land Title Act, RSBC 1996, c. 250 (the “LTA”). Under the LTA, an Approving […]
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Vavilov in Action: New Test and Framework for Standard of Review applied in Local Government Context
April 8, 2020Legal Updates
As addressed in a previous post, in December 2019, the Supreme Court of Canada released its decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 [Vavilov] which introduced a new test for the determination of the applicable standard of review of administrative decisions and revised the framework for conducting reasonableness review.
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