Density Prevails: BCSC Cancels a Building Scheme Prohibiting High-Density Construction

Written by: Jacob Gehlen

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 […]
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Ironclad v West Kelowna Reversed: Court of Appeal Finds a Duty of Procedural Fairness in Setting Latecomer Fees

Written by: Mel van Fram

2025-07-09Legal Updates
On June 11, 2025 the BC Court of Appeal reversed the earlier decision of the BC Supreme Court in Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285 (the “Ironclad BCSC” decision) which we wrote about here. The Court of Appeal found in its decision, cited as 2025 BCCA 191, that there was a […]
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Supreme Court of Canada Sides with Local Governments on 5G Access in Telus decision

Written by: Kyle Falk-Varcoe

2025-06-25Legal Updates
In Telus Communications Inc. v. Federation of Canadian Municipalities, 2025 SCC 15 (“Telus”) the Supreme Court of Canada considered whether the Canadian Radio-television and Telecommunications Commission (CRTC) has the authority to grant telecommunications carriers access to install modern wireless infrastructure, specifically, 5G small cell antennas, on public lands without local government consent. The court concluded […]
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Stewart McDannold Stuart is now SMS LAW

Written by: SMS Lawyers

2025-06-17Announcements
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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Section 7 Charter Rights and Bike Lanes – Ongoing Developments from Ontario

Written by: Marshall Putnam

2025-06-10Legal 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

Written by: SMS Lawyers

2025-01-23Lawyers
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

Written by: SMS Lawyers

2024-12-23Announcements
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

Written by: Josh Krusell

2024-11-19Legal 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

Written by: Thomas Haughian

2024-09-26Legal 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

Written by: Marshall Putnam

2024-09-03Legal 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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