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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2017-01-19Legal 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
2017-01-11Legal 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
2016-11-10Legal 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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2016-10-19Legal 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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