Municipal Liability for Negligent Building Inspection and How to Manage Risk
2021-03-26Legal 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. Josh KrusellJosh Krusell is the Managing Partner of Litigation with SMS. He regularly acts on behalf of local governments in complex liability […]
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2021-03-05Legal 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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2021-03-02Legal 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
2021-02-16Legal 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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2021-01-27Legal 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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2021-01-20Legal 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
2020-11-30Legal 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
2020-10-19Legal 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. Josh KrusellJosh Krusell is the Managing Partner of Litigation […]
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Supreme Court of Canada Greenlights Appeal of Municipal Snow Clearing Case
2020-08-21Legal 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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2020-08-18Legal 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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