Local Government Zoning Powers Eroded By Riparian Rights
October 4, 2018Legal Updates
Local governments that have zoning regulations in effect over properties adjoining a body of water need to be aware of the British Columbia Supreme Court’s October 1, 2018 decision in Fonseca v Gabriola Island Trust Committee, 2018 BCSC 1684. At issue in the case was a zoning bylaw of the Local Trust Committee that required […]
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Anchors Aweigh: Local Government’s Jurisdiction over Permanent Moorage of Vessels
March 20, 2018Legal Updates
In The Corporation of the City of Victoria v. Zimmerman, 2018 BCSC 321, the City of Victoria obtained a statutory injunction to restrain the permanent moorage of boats in the Gorge Waterway, on the grounds that permanent moorage of boats contravened the City’s zoning bylaw. The respondents challenged the validity of the zoning bylaw, arguing […]
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Local Governments May Owe a Duty of Care to Process Development Applications in a Timely Way
December 13, 2017Legal Updates
In Wu v. Vancouver (City) 2017 BCSC 2072, Madam Justice Murray of the BC Supreme Court held that the City of Vancouver owed a duty of care to the plaintiffs, the purchasers of a home in the Shaughnessy area, who had applied for a development permit for the demolition of an existing house and construction […]
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The Annual Tax Sale Approaches!
September 18, 2017Legal Updates
Here is a link to our post from last year concerning the annual municipal tax sale: The Annual Tax Sale Approaches!
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May 14, 2017Legal Updates
The Building Act General Regulation was amended in February of this year and again in April, and the changes further clarify the impact that the Building Act will have on local government jurisdiction.
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May 14, 2017Legal Updates
Administrative tribunals are decision-making bodies that are part of the system of justice in Canada, and the decisions they make can have significant impacts on local governments. The British Columbia Court of Appeal’s recent ruling, Burnaby (City) v Trans Mountain Pipeline ULC, 2017 BCCA 132, confirms that, when interpreting and applying their enabling statutes, certain […]
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Storefront Marihuana Dispensaries: Failed Constitutional Challenge
February 21, 2017Bulletins, Legal Updates
In the case of Abbotsford (City) v. Mary Jane’s Glass & Gifts Ltd., the Supreme Court of British Columbia granted two declarations sought by the City of Abbotsford, and ruled that the operators of Mary Jane’s Glass & Gifts Ltd. were in breach of the City of Abbotsford’s Business License Bylaw and Zoning Bylaw. Further, […]
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January 19, 2017Legal Updates
In reasons released January 5, 2017, Justice Rogers of the BC Supreme Court found that a failure by a School District to hold a second advance poll in a school trustee by-election did not materially affect the outcome of the election.
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Navigating the Constitution: Shipping, Navigation and the Right to Moorage
January 11, 2017Legal Updates
The lakes, rivers and ocean shores of British Columbia are undoubtedly beautiful but the complex regulatory and legal regime that governs these bodies of water can create real uncertainty for local governments seeking to understand the extent to which they may exercise their zoning powers over land covered by water and structures erected within water.
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No “Grandfathering” Out of Requirement for Development Permit
November 10, 2016Legal Updates
In a recent decision, the BC Supreme Court confirmed that on-going development projects commenced before the enactment of an Official Community Plan are not exempt from the requirements of that OCP, nor will they be protected by the “legal non-conforming” provisions of the Local Government Act. The case of Columbia Shuswap (Regional District) v Darnell, […]
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