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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2015-07-08Legal Updates
Most local governments in British Columbia have likely already received a letter from the Province advising of regulatory changes affecting medical marihuana and ALR land. Legislative Changes The Agricultural Land Reserve Use, Subdivision And Procedure Regulation 171/2002 B.C. Reg. 171/2002 was changed effective May 7, 2015 to incorporate medical marihuana production facilities (MMPFs) into the […]
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Bill 29 Expands Tax Exemptions for Independent Schools
2015-06-01Legal Updates
The BC Legislature has given first reading to Bill 29 – 2015, the Property Taxation (Exemptions) Statutes Amendment Act, 2015 (“Bill 29”). If it becomes law, Bill 29 will repeal and replace the language of subsection 220(1)(l) of the Community Charter, and subsection 15(1)(o) of the Taxation (Rural Area) Act. In its current form, the […]
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City of Edmonton Fails to Curb Uber
2015-05-21Legal Updates
The recent case of City of Edmonton v. Uber Canada Inc., 2015 ABQB 214 is the latest decision examining whether or not Uber Canada is operating a taxi brokerage business in contravention of local bylaws. In this case, the City of Edmonton argued that Uber was operating in the City without a valid business licence […]
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Opening Prayers at Municipal Council Meetings Violates Freedom of Religion
2015-05-08Legal Updates
The Supreme Court of Canada recently made national headlines with its decision in the case of Mouvement laïque québécois v. Saguenay (City) 2015 SCC 16. The decision affirms the requirement for state neutrality in matters of religious belief. As a result, it seems there is no place for prayers or other forms of religious observance […]
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