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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October 19, 2016Legal Updates
Local governments that are involved in or have incorporated societies should be aware that the new Societies Act, SBC 2015, c. 18 comes into force on November 28, 2016. The new Act modernizes how societies are established and governed, bringing them more closely into line with for-profit business corporations.
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The Annual Tax Sale Approaches!
September 20, 2016Legal Updates
In September 2015 we posted a summary of the tax sale provisions of the Local Government Act. Because of the coming into force of the revised Local Government Act earlier this year, we are reproducing that article in full, with the section references updated to the Local Government Act, S.B.C. 2015, c. 1. The tax […]
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New Building Act Regulations Shed Further Light on Legislative Scheme
September 20, 2016Legal Updates
This past June, the provincial government enacted the Building Act General Regulation, B.C. Reg. 131/2016 (the “Building Act Regulation”), providing some clarity with respect to two important elements of the new Building Act, S.B.C. 2015, c.2 (the “Building Act”).
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BC Supreme Court Puts the Kibosh on Marihuana Dispensary
September 19, 2016Legal Updates
Although the federal government is studying the legalization of marihuana, with the announced intention of introducing legislation sometime in 2017, the sale of cannabis products outside of the framework provided through the Access to Cannabis for Medical Purposes Regulations remains illegal under Canada’s Controlled Drugs and Substances Act. Even so, storefront cannabis dispensaries continue to […]
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The Federal Government Announces the Replacement of the Marihuana for Medical Purposes Regulations
September 19, 2016Legal Updates
On August 24, 2016, the federal government repealed the Marihuana for Medical Purposes Regulations (MMPR) and replaced them with a new set of regulations entitled the “Access to Cannabis for Medical Purposes Regulations” (ACMPR). The MMPR allowed for the issuance of federal licences permitting the commercial production and distribution of marihuana for medical purposes. It […]
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Failure to Give Notice Results in Dismissal of Claim
September 19, 2016Legal Updates
In the recent case of Kazemi v. North Vancouver (City), 2016 BCSC 1240, the BC Supreme Courrt dismissed a personal injury claim against the municipality as a result of the plaintiff’s failure to give notice within the two-month period required under the Local Government Act.
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