2017-05-14Legal Updates
Administrative tribunals are decision-making bodies that are part of the system of justice in Canada, and the decisions they make can have significant impacts on local governments. The British Columbia Court of Appeal’s recent ruling, Burnaby (City) v Trans Mountain Pipeline ULC, 2017 BCCA 132, confirms that, when interpreting and applying their enabling statutes, certain […]
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2017-05-14Announcements
The Local Government Management Association annual conference is scheduled for May 16 to 18 in Penticton. If you’re planning to attend, you won’t want to miss the following sessions. On May 17, Jeff Locke will be presenting “Managing Public Expectation in the Event of a Claim”, with Sherman Chow of the Municipal Insurance Association of […]
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Storefront Marihuana Dispensaries: Failed Constitutional Challenge
2017-02-21Bulletins, 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
2017-02-14Announcements
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
2017-02-07Announcements
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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2017-01-19Legal 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
2017-01-11Legal 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
2016-12-22Announcements
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
2016-11-10Legal 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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2016-10-19Legal 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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