All’s Fair in Love and Latecomer Fees (Or not! See our more recent Court of Appeal summary)
2024-07-25Legal Updates
NOTE: THIS DECISION HAS BEEN OVERTURNED ON APPEAL. PLEASE FIND OUR SUMMARY OF THE APPEAL DECISION HERE. In the recent decision Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285, the Honourable Madam Justice Hardwick held that local governments do not owe procedural fairness rights to property owners when charging them latecomer fees.
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Supreme Court Considers Impact of Zoning in Constructive Expropriation
2024-07-23Legal Updates
In the recent decision of St. John’s (City) v. Lynch, 2024 SCC 17, the Supreme Court of Canada clarified the law on constructive expropriation. The Court examined how zoning and land use regulations impact the compensation owed to a property owner for expropriation.
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Mel van Fram Joins Stewart McDannold Stuart
2024-07-12Lawyers
Amelia (Mel) van Fram has joined SMS as an associate on both the litigation and solicitor teams, after having completed her articles here. Mel received her Juris Doctor from the University of Victoria and was recently called to the B.C. Bar. We are excited to officially welcome Mel to the team.
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Permit Pitfalls: Lessons for Local Governments from Vanderhaeghe
2024-06-04Legal Updates
In the recent decision of Sunshine Coast (Regional District) v. Vanderhaeghe, 2024 BCCA 169 (“Vanderhaeghe”), a development permit issued based on a mistaken interpretation of a non-conforming use provision of the Local Government Act (the “LGA”) implicitly granted a homeowner a development variance permit.
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Marshall Putnam Joins Stewart McDannold Stuart
2024-06-04Lawyers
Marshall Putnam has joined SMS as a litigation associate. Prior to joining us, Marshall practiced in Kamloops, B.C. in the area of Charter litigation, constitutional challenges, and tortious claims. He recently earned his Master of Laws degree from University of Edinburgh after previously receiving his Juris Doctor degree from University of Calgary. We are excited […]
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Matt McCarthy Joins Stewart McDannold Stuart
2024-04-18Lawyers
Matt McCarthy has joined SMS as a litigation associate. Prior to joining us Matt worked at a leading regional firm in its Calgary office. Matt received his Juris Doctor from the University of Alberta, and and has recently transferred to the B.C. Bar. We are excited to have Matt join our team.
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2024-03-06Legal Updates
In Fahr v Schnitzer Steel Canada Ltd., 2024 BCSC 296, the BC Supreme Court affirms that municipalities are not required to enforce bylaws so long as their decision to not undertake enforcement is done in good faith.This decision follows the Court’s prior decisions in Suncourt Homes (2019 BCSC 2258) and Lebourdais (2022 BCSC 281). Specifically, […]
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Kyle Falk-Varcoe Joins Stewart McDannold Stuart
2024-02-16Lawyers
Stewart McDannold Stuart is pleased to welcome our newest associate, Kyle Falk-Varcoe. Kyle is a graduate of the University of Victoria and was called to the bar in 2022 before working at a leading national firm in Vancouver. Kyle is relocating back to Vancouver Island and will be working with our solicitors group providing services […]
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Implications of R v. Greater Sudbury for Local Governments in BC
2024-01-16Legal Updates
In the recent case of R. v. Greater Sudbury (City), 2023 SCC 28 (“Sudbury”), the Supreme Court of Canada expanded the legal duties and potential liability of “employers” under occupational health and safety (“OHS”) legislation to owners of construction projects. As a decision of the highest court in Canada, Sudbury could have significant implications for […]
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Season’s Greetings from Stewart McDannold Stuart
2023-12-20Announcements
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.
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