Storefront Marihuana Dispensaries: Failed Constitutional Challenge

Written by: Kathryn Stuart

February 21, 2017Bulletins, Legal Updates
In the case of Abbotsford (City) v. Mary Jane’s Glass & Gifts Ltd., the Supreme Court of British Columbia granted two declarations sought by the City of Abbotsford, and ruled that the operators of Mary Jane’s Glass & Gifts Ltd. were in breach of the City of Abbotsford’s Business License Bylaw and Zoning Bylaw. Further, […]
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Trevor Morley Joins Stewart McDannold Stuart

Written by: SMS Lawyers

February 14, 2017Announcements
Stewart McDannold Stuart is pleased to announce that Trevor Morley has joined the firm. Trevor has demonstrated his effectiveness as counsel in all levels of court in the Province, and will be working with our litigation practice group, providing services to our local government clients.              
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Stewart McDannold Stuart Welcomes Jeff Locke as Associate Counsel

Written by: SMS Lawyers

February 7, 2017Announcements
We are very pleased to announce that Jeff Locke has joined Stewart McDannold Stuart as Associate Counsel. Jeff is widely regarded as a leading local government lawyer in the Province, and has established a sterling reputation as a highly effective litigator for municipalities and regional districts. Jeff will continue to provide legal counsel and litigation […]
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Math and Materiality: Challenging Election Results – Duperron v. School District No. 53 (Okanagan Similkameen)

Written by: Marie Watmough

January 19, 2017Legal Updates
In reasons released January 5, 2017, Justice Rogers of the BC Supreme Court found that a failure by a School District to hold a second advance poll in a school trustee by-election did not materially affect the outcome of the election.
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Navigating the Constitution: Shipping, Navigation and the Right to Moorage

Written by: Madelaine Campbell

January 11, 2017Legal Updates
The lakes, rivers and ocean shores of British Columbia are undoubtedly beautiful but the complex regulatory and legal regime that governs these bodies of water can create real uncertainty for local governments seeking to understand the extent to which they may exercise their zoning powers over land covered by water and structures erected within water.
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Season’s Greetings from Stewart McDannold Stuart

Written by: SMS Lawyers

December 22, 2016Announcements
From all of 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. In lieu of sending greeting cards this year, we have made a donation to Victoria’s Sandy Merriman House, which has been providing shelter and support for […]
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No “Grandfathering” Out of Requirement for Development Permit

Written by: Madelaine Campbell

November 10, 2016Legal Updates
In a recent decision, the BC Supreme Court confirmed that on-going development projects commenced before the enactment of an Official Community Plan are not exempt from the requirements of that OCP, nor will they be protected by the  “legal non-conforming” provisions of the Local Government Act. The case of Columbia Shuswap (Regional District) v Darnell, […]
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Societies Act

Written by: Marie Watmough

October 19, 2016Legal Updates
Local governments that are involved in or have incorporated societies should be aware that the new Societies Act, SBC 2015, c. 18 comes into force on November 28, 2016. The new Act modernizes how societies are established and governed, bringing them more closely into line with for-profit business corporations.
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SMS Presents at the VILGMA Annual Conference – November 16-18, 2016

Written by: SMS Lawyers

October 18, 2016Announcements
Colin Stewart and Madelaine Campbell will be presenting “Council Codes of Conduct – The Ethical Issues / Legal Update” at this year’s LGMA Vancouver Island Chapter annual conference. This year, the conference will be hosted by Campbell River and held at the Campbell River Maritime Heritage Centre. Colin and Madelaine will present on November 17th […]
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Presentation at the Building Officials Assocation of BC Conference

Written by: SMS Lawyers

October 18, 2016Announcements
Michael Hargraves and Ryan Bortolin will be giving two presentations at the Building Officials Association of BC conference in Richmond, BC, on November 17, 2016. The topics of the presentations are “Legal Cases Involving Building Permits and Inspections” and “Regulation of Marihuana Dispensaries”.
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