Property Maintenance Bylaw Upheld as Valid
November 19, 2018Legal Updates
The Village of Chase recently defeated a challenge to the validity of its Property Maintenance Bylaw by local business owners in Chase Discount Auto Sales Ltd. v Waugh, 2018 BCSC 2014. Mr. Justice Grauer of the B.C. Supreme Court dismissed the judicial review petition of the business owners and helpfully summarized the relationship between the […]
Read Article
Ryan Bortolin Joins Partnership of Stewart McDannold Stuart
November 16, 2018Announcements
Stewart McDannold Stuart is happy to announce that Ryan Bortolin will become a partner at the firm starting January 1st 2019. Ryan began at SMS as an articled student in 2010 and has shown himself to be a talented lawyer with outstanding legal skills and is a highly valued member of the SMS team. Ryan will continue […]
Read Article
Thirty-One Great Years! What’s Next Now?
November 13, 2018Announcements
As some already know, I will be retiring from the partnership with Stewart McDannold Stuart after 31 years in the practice of law and 30 years since the founding of the firm of Wilson Staples McDannold & Marley, that evolved over time into Stewart McDannold Stuart. It has been a terrific 3 decades. I was […]
Read Article
Right or Reasonable: Judicial Review of the Decisions of Bylaw Adjudicators
November 7, 2018Legal Updates
In Romegioli v. Langley (Township) 2018 BCSC 1867, the B.C. Supreme Court recently had opportunity to judicially review the decision of a bylaw adjudicator upholding over 500 bylaw infraction notices (with associated fees and costs of approximately $270,000) that had been issued to the petitioner, Mr. Romegioli, relating to the operation of a cannabis dispensary. […]
Read Article
BC Courts Deferential to Local Government Decisions Granting or Denying DVPs
October 31, 2018Legal Updates
In 1139652 B.C. Ltd. v Whistler (Resort Municipality), 2018 BCSC 1806, the B.C. Supreme Court recently reviewed a decision of the resort municipality of Whistler denying a property owner’s application for a Development Variance Permit (DVP). The Court upheld the decision, finding that it was reasonable.
Read Article
The Building Inspector’s Toolkit: The Geotechnical Covenant
October 31, 2018Legal Updates
In Compagna v. Nanaimo (City), 2018 BCCA 396, the British Columbia Court of Appeal has confirmed an earlier B.C. Supreme Court decision that recognized a building inspector’s discretion to request additional geotechnical reports following subdivision approval, at the building permit stage, as being consistent with the intent of section 56 of the Community Charter. Section […]
Read Article
October 22, 2018Announcements
Peter Johnson will be presenting a “legal update” at the upcoming Association of Regional District Planning Managers annual conference, on November 7. The ARDPM annual conference is being held this year on November 6 and 7, in Victoria. Peter will also be speaking at the LGMA Corporate Officers Forum on November 22, on the topic […]
Read Article
Home Occupation Regulations Enforced
October 22, 2018Legal Updates
In Columbia Shuswap (Regional District) v Jones, 2018 BCSC 1776 the Columbia Shuswap Regional District (CSRD) recently obtained a judgment from the B.C. Supreme Court granting declaratory and injunctive relief against property owners in a case involving a zoning bylaw enforcement and “home occupation” matter.
Read Article
Local Government Zoning Powers Eroded By Riparian Rights
October 4, 2018Legal Updates
Local governments that have zoning regulations in effect over properties adjoining a body of water need to be aware of the British Columbia Supreme Court’s October 1, 2018 decision in Fonseca v Gabriola Island Trust Committee, 2018 BCSC 1684. At issue in the case was a zoning bylaw of the Local Trust Committee that required […]
Read Article
October 1, 2018Announcements
Stewart McDannold Stuart’s Election Day Hotline will be available on Saturday, October 20. Our lawyers will be available by telephone from 8am to 8pm to assist our clients’ Chief Election Officers and their staff.
Read Article