BC Supreme Court Puts the Kibosh on Marihuana Dispensary
2016-09-19Legal 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
2016-09-19Legal 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On August 24, 2016, the federal government repealed the Marihuana for Medical Purposes Regulations (MMPR) and replaced them with a new set of regulations entitled the “Access to Cannabis for Medical Purposes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
2016-09-19Legal 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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Court Orders End to Homeless Encampment
2016-07-13Legal Updates
On July 5, 2016, the Honourable Chief Justice Hinkson released his decision in British Columbia v. Adamson, 2016 BCSC 1245, following a renewed application by the Province for an interim injunction to end the “Tent City” encampment beside the Victoria Courthouse. Chief Justice Hinkson found in favour of the Province, ordering the dismantling of the […]
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2016-06-22Legal Updates
The Supreme Court of Canada’s most recent decision on the division of federal and provincial powers helps clarify the extent to which local governments can control the locations of cell phone antennas and other radiocommunication infrastructure within their borders. In Rogers Communications Inc. v Châteauguay (City), 2016 SCC 23 (“Rogers”), the Court found that, because […]
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Court Clarifies Authority to Require Geotechnical Reports for Hazardous Lands
2016-06-14Legal Updates
Section 56 of the Community Charter, which applies not only to municipalities, but also to regional districts by virtue of section 302 of the Local Government Act, has been given some helpful interpretation by a recent decision of the Supreme Court of British Columbia. In Compagna v. Nanaimo (City), 2016 BCSC 1045, the court concluded […]
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New Regulations Give Some Relief Against Schlenker v Torgrimson
2016-04-26Legal Updates
Conflict of Interest Exceptions Regulation, B.C. Reg 91/2016 and Conflict of Interest Exceptions Regulation (City of Vancouver) B.C. Reg 93/2016 (the “Conflict of Interest Exceptions Regs”) have been enacted to provide local government elected officials with some relief against the outcome of the decision in the Court of Appeal in Schlenker v Torgrimson, 2013 BCCA […]
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Court of Appeal Upholds Decision on Campbell River Tax Bylaw
2016-02-04Legal Updates
In January 2015, the B.C. Supreme Court dismissed a challenge brought by TimberWest against the 2014 City of Campbell River Tax Rates Bylaw. See our post of January 28, 2015 entitled “City of Campbell River Successful Against Challenge to its Tax Rates Bylaw”. In a decision given January 29, 2016, the British Columbia Court of […]
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2016-02-04Legal Updates
A recent decision by the Supreme Court of British Columbia has reinforced the fact that municipalities are under no obligation to license illegal (albeit popular) businesses in their jurisdictions. In the decision Abbotsford (City) v. Weeds Glass & Gifts Ltd., 2016 BCSC 135, the Court issued an order to the City of Abbotsford granting an […]
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Exceptions to Conflict of Interest Rules – What is too ‘Remote or Insignificant’?
2015-12-11Legal Updates
Introduction: The recent decision of the Ontario Court of Appeal in Ferri v. Ontario, 2015 ONCA 683, has expanded on one of the statutory exceptions to conflict of interest rules for local government officials. Though the Ferri case addresses an exception found in s.4(k) of the Ontario Municipal Conflict of Interest Act, a near identical […]
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