BC Courts Deferential to Local Government Decisions Granting or Denying DVPs
2018-10-31Legal Updates
In 1139652 B.C. Ltd. v Whistler (Resort Municipality), 2018 BCSC 1806, the B.C. Supreme Court recently reviewed a decision of the resort municipality of Whistler denying a property owner’s application for a Development Variance Permit (DVP). The Court upheld the decision, finding that it was reasonable.
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The Building Inspector’s Toolkit: The Geotechnical Covenant
2018-10-31Legal Updates
In Compagna v. Nanaimo (City), 2018 BCCA 396, the British Columbia Court of Appeal has confirmed an earlier B.C. Supreme Court decision that recognized a building inspector’s discretion to request additional geotechnical reports following subdivision approval, at the building permit stage, as being consistent with the intent of section 56 of the Community Charter. Section […]
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Home Occupation Regulations Enforced
2018-10-22Legal Updates
In Columbia Shuswap (Regional District) v Jones, 2018 BCSC 1776 the Columbia Shuswap Regional District (CSRD) recently obtained a judgment from the B.C. Supreme Court granting declaratory and injunctive relief against property owners in a case involving a zoning bylaw enforcement and “home occupation” matter. Josh KrusellJosh Krusell is the Managing Partner of Litigation with […]
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Local Government Zoning Powers Eroded By Riparian Rights
2018-10-04Legal 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
2018-03-20Legal 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
2017-12-13Legal 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!
2017-09-18Legal Updates
Here is a link to our post from last year concerning the annual municipal tax sale: The Annual Tax Sale Approaches! Peter JohnsonPeter Johnson is a deeply experienced and trusted advisor to local governments. A partner in the firm’s solicitors group, Peter provides expert legal advice and assistance on the most critical and complex issues […]
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2017-05-14Legal 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. Peter JohnsonPeter Johnson is a deeply experienced and trusted advisor to local governments. A partner in the firm’s solicitors group, Peter provides […]
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2017-05-14Legal 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
2017-02-21Bulletins, 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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