2025-11-06Legal Updates
Bylaws frequently come under the microscope of judicial scrutiny. A recent decision of Justice Underhill of the BC Supreme Court provides clarity on the proper judicial standard of review of local government bylaws by reconciling and reading together the Supreme Court of Canada’s 2012 decision in Catalyst Paper Corp. v. North Cowichan (District), 2012 SCC 2, which […]
Read Article
Alternative Approval Process Upheld for Kamloops Infrastructure Borrowing Bylaw
2025-11-03Legal Updates
In Wunderlich v. Kamloops (City), 2025 BCSC 555 (“Wunderlich”), the Honourable Justice Groves dismissed a petition challenging two significant loan authorization bylaws adopted by the City of Kamloops. The case centered on the City’s use of the alternative approval process (“AAP”) under section 86 of the Community Charter, SBC 2003, c. 26 (“CC“), as a substitute for a […]
Read Article
2025-10-14Legal Updates
On October 9, 2025, Bill 27, the Miscellaneous Statutes Amendment Act (No. 2), 2025, was tabled in the British Columbia Legislature. For local governments, the most notable feature of Bill 27 is its proposal to amend the Community Charter to expand the rules governing closed meetings. Specifically, Bill 27 would create new discretionary and mandatory […]
Read Article
2025-10-01Announcements
We wrote earlier that feedback could be submitted to the Province until October 1, 2025 as the Province undertakes development of new heritage conservation legislation. The deadline has been extended to November 14, 2025 at 4:00 p.m. Submissions can be made via an online survey. As a reminder, the Province is presently undertaking the Heritage […]
Read Article
2025-09-15Legal Updates
Local governments tend to be well versed in the requirement to ensure a safe workplace for employees and, accordingly, to investigate alleged incidences of bullying, harassment, discrimination or other harmful workplace misconduct, in compliance with applicable workers’ compensation and human rights legislation. A failure to investigate could carry with it potential liability for employers.
Read Article
Countdown to Compliance: Mandatory Presale Notices for 2025 Annual Tax Sale
2025-08-15Legal Updates
At 10:00 am on September 29, 2025, municipal tax collectors across British Columbia will conduct the statutorily mandated annual tax sale for 2025 (the “Annual Tax Sale”). Properties with delinquent property tax accounts, which are those with three years of unpaid property taxes, will be sold at the Annual Tax Sale.
Read Article
2025-08-14Legal Updates
Released August 7, 2025, the extensive decision of Madam Justice Young in Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490 (CanLII) has potentially far-reaching implications for local governments in British Columbia relating to the relative strength of fee simple interests in land vis-à-vis the claims of Aboriginal title holders.
Read Article
Community Amenity Contributions Policy Found to be Improper Mandatory Payment Regime
2025-07-23Legal Updates
In June 2025, Mr. Justice Coval found that the Township of Langley’s Community Amenity Contributions (CAC) Policy constituted an improper mandatory amenity payment regime, which meant the CAC Policy was invalid and set aside. The decision is published as Lorval Developments Ltd. v. Langley (Township), 2025 BCSC 1148.
Read Article
2025-07-21Legal Updates
In a recent article, Jacob Gehlen wrote about the decision in Smith v Clearwater, where the BC Supreme Court exercised its discretion under section 35 of the Property Law Act (the “PLA”) to cancel a restrictive covenant prohibiting multi-family development. Recent court decisions have addressed several similar matters, including DBKS Homes Ltd. v Taylor, 2025 BCSC 1202, where the […]
Read Article
Density Prevails: BCSC Cancels a Building Scheme Prohibiting High-Density Construction
2025-07-10Legal Updates
In Smith v. Clearwater Park GP Inc., 2025 BCSC 1239, the BC Supreme Court heard two petitions related to the proposed construction of a four-unit townhouse on a property in Squamish (the “Property”). The Property was subject to a common law building scheme and restrictive covenant in favour of the original developer each restricting construction […]
Read Article