Stewart McDannold Stuart is now SMS LAW
June 17, 2025Announcements
Stewart McDannold Stuart has rebranded as SMS LAW – a move that reflects our continued investment in serving our clients’ evolving needs and staying at the forefront of legal practice. While we will retain our full name, we will proudly operate going forward as SMS LAW. SMS is devoted to providing legal services to local […]
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Court of Appeal Clarifies Nuisance Law for Local Governments
June 17, 2025Legal Updates
In Hill v Herd, 2025 BCCA 173, the BC Court of Appeal provided important clarification on the legal test to apply when determining the appropriate remedy where a continuing nuisance is established. The decision has significant implications for private litigants and local governments alike, particularly where service delivery or lawful operations intersect with residential enjoyment. […]
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Section 7 Charter Rights and Bike Lanes – Ongoing Developments from Ontario
June 10, 2025Legal Updates
On April 22, 2025, Justice Schabas of the Ontario Superior Court granted an interim injunction restraining section 195.6 of the Ontario Provincial Government’s recently amended Highway Traffic Act, SRO 1990 c. H.8 (The “HTA”) from being implemented in the decision of Cycle Toronto et al v Attorney General of Ontario et al, 2025 ONSC 2424 […]
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Jacob Gehlen joins Stewart McDannold Stuart
January 23, 2025Announcements
Jacob Gehlen has joined SMS as an associate in its Litigation group. Jacob was called to the B.C. Bar in 2016 and has spent his career conducting high-level civil litigation with leading firms in Vancouver. Jacob earned his law degree from the University of Toronto after obtaining an undergraduate degree at McGill University. We are […]
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Season’s Greetings from Stewart McDannold Stuart
December 23, 2024Announcements
From all the lawyers and support staff at Stewart McDannold Stuart, we wish you all the best for the holiday season and a happy and prosperous New Year. Please note that our office will be closed from December 25th to 27th.
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A Real Stair Case: Permitting Shoreline Stairs Raises Neighbour Dispute
November 19, 2024Legal Updates
The recent decision of Armstrong v. District of North Saanich, 2024 BCSC 1844 involved the District of North Saanich finding itself in the middle of a neighbour dispute. It is an important decision in confirming that the courts cannot and will not interfere with local government decisions so long as the local government can demonstrate it […]
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Notice This! Navigating Tax Sale Notice Requirements
September 26, 2024Legal Updates
At 10:00 am on October 7, 2024, municipal tax collectors across British Columbia will conduct the statutorily mandated annual tax sale for 2024. Properties with delinquent property tax accounts, which are those with three years of unpaid property taxes, will be sold to the highest bidder above the “upset price.” The upset price is the […]
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Is a Guinea Fowl a Fowl: an Offender’s Intention and the Interpretation of Bylaws
September 3, 2024Legal Updates
On June 17, 2024, in the judgment of R v Reid, 2024 BCSC 1044, Madam Justice Sharma of the British Columbia Supreme Court released her decision on what, at first blush, appears to be an undeniably odd question under appeal: is a guinea fowl a “fowl” for the purposes of Vancouver’s Animal Control Bylaw 9150 […]
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All’s Fair in Love and Latecomer Fees
July 25, 2024Legal Updates
In the recent decision Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285, the Honourable Madam Justice Hardwick held that local governments do not owe procedural fairness rights to property owners when charging them latecomer fees.
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Supreme Court Considers Impact of Zoning in Constructive Expropriation
July 23, 2024Legal Updates
In the recent decision of St. John’s (City) v. Lynch, 2024 SCC 17, the Supreme Court of Canada clarified the law on constructive expropriation. The Court examined how zoning and land use regulations impact the compensation owed to a property owner for expropriation.
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