BC Courts Deferential to Local Government Decisions Granting or Denying DVPs
2018-10-31Legal 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.
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The Building Inspector’s Toolkit: The Geotechnical Covenant
2018-10-31Legal 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 […]
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2018-10-22Announcements
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 […]
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Home Occupation Regulations Enforced
2018-10-22Legal 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.
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Local Government Zoning Powers Eroded By Riparian Rights
2018-10-04Legal 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 […]
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2018-10-01Announcements
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.
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Anchors Aweigh: Local Government’s Jurisdiction over Permanent Moorage of Vessels
2018-03-20Legal Updates
In The Corporation of the City of Victoria v. Zimmerman, 2018 BCSC 321, the City of Victoria obtained a statutory injunction to restrain the permanent moorage of boats in the Gorge Waterway, on the grounds that permanent moorage of boats contravened the City’s zoning bylaw. The respondents challenged the validity of the zoning bylaw, arguing […]
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Josh Krusell Joins Stewart McDannold Stuart
2018-02-21Announcements
We are pleased to announce that Josh Krusell has joined Stewart McDannold Stuart as an associate. Josh will be working with our litigation practice group, acting for our local government clients.
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MIABC Webinar – Wu v. Vancouver (City)
2018-02-02Announcements
The Municipal Insurance Association of British Columbia is providing members of BC local governments with access to a free 45 minute webinar on the recent BC Supreme Court decision in Wu v. Vancouver (City), on February 20 at 10:00 am. Jeff Locke and Peter Johnson will be sharing their insights about this case, its implications […]
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2018-01-03Announcements
Colin Stewart and Kathryn Stuart are pleased to have been invited to participate as part of the Knowledge Cafe at the CAO Forum being held in Victoria on February 20-22, 2018.
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