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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The Homelessness Crisis and Municipal Bylaws: Abbotsford (City) v. Shantz
2015-10-27Legal Updates
The recent decision of the BC Supreme Court in Abbotsford (City) v. Shantz, 2015 BCSC 1909, is yet another indication of how the seemingly intractable problem of homelessness in Canadian society continues to create conflict and costs for local governments. The City of Abbotsford was seeking orders from the Court for a permanent injunction against […]
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Natura Developments v Ladysmith: Supporting the Section 219 Covenant
2015-10-27Legal Updates
Section 219 covenants are an essential part of any local government’s land regulation arsenal, and can be especially useful in controlling the development process on properties requiring a great deal of oversight. In a recent case, Natura Developments Ltd. v. Ladysmith (Town), 2015 BCSC 1673, a case argued by Susan Beach of Stewart McDannold Stuart […]
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Coping with Community Mailboxes
2015-09-23Legal Updates
The transition from home delivery to community mailboxes by Canada Post has been making headlines across the country. Many communities, and the local governments that represent them, have expressed opposition to the very concept of the end of home delivery service, and frustration with the manner in which Canada Post is going about the transition. […]
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The Annual Tax Sale Approaches!
2015-09-18Legal Updates
The tax sale provisions of Part 11 of the Local Government Act (“LGA”) provide municipalities with the ultimate property tax collection tool – a forced sale of the property that is subject to tax. As the saying goes, you can’t fight City Hall! However, not only is the annual tax sale a handy tax collection […]
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