Local Elections Campaign Financing Act

Written by: Ryan Bortolin

May 5, 2014Legal Updates
The Local Elections Campaign Financing Act has been introduced in the Legislature.  When it receives Royal Assent, the Act will impact the manner in which candidates record and report their election expenses.  It will also create new reporting requirements for sponsors of election advertising, and give increased powers to BC Elections to monitor and enforce […]
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Greater Vancouver Regional District v. Township of Langley and Wall GVRD v. Langley (Township) and Hendricks: Regional Growth Strategies – Just Wishful Thinking?

Written by: Colin Stewart

May 5, 2014Legal Updates
Two recent decisions of the BC Supreme Court have raised questions about the purpose and effect of regional growth strategies and the extent to which they actually will serve as a legally enforceable framework for regional planning goals in the face of municipal decision-making.
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Bill 17 – Land Use Contracts (The Final Chapter)

Written by: Peter Johnson

May 5, 2014Legal Updates
The statutory authority for land use contracts (as previously authorized under section 702A of the Municipal Act, RSBC 1960, c.255) was repealed by the Municipal Amendment Act, 1977.  However, many land use contracts entered into before the repeal of section 702A continue in force, subject to the authority of a local government to amend or […]
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Firm News

Written by: SMS Lawyers

April 30, 2014Announcements
Peter Johnson will be presenting a session on “Water Services and Drinking Water – Key Issues” at the Pacific Business & Law Institute’s “Local Government 2014: Recent Developments and Emerging Issues” seminar, being held on June 9, 2014 in Vancouver. On June 12, 2014 Kathryn Stuart and Colin Stewart will be presenting a session on […]
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The Cull of the Wild: Suman v. Invermere (District)

Written by: Peter Johnson

January 8, 2014Legal Updates
Many wildlife species, including deer, are attracted to urban areas because of the bountiful food resources we humans make available to them. And while some of us enjoy the sight of a deer or two happily grazing in our back yard, there are concerns in many communities about conflicts between the growing urban deer population […]
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My Way or the Highway? Two New Cases on Section 42 Roads

Written by: Michael Hargraves

January 8, 2014Legal Updates
Take a drive around any municipality in British Columbia, and in all likelihood you will come across at least one stretch of highway that has never been formally dedicated, whether by subdivision plan, notice in the BC Gazette, or otherwise – but you may not realize it.  From behind the windshield, all roads look more […]
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Employer’s Corner – WorkSafeBC Bullying and Harassment Prevention and Local Governments

Written by: SMS Lawyers

January 8, 2014Labour / Employment Law
Introduction Effective July 1, 2012, the Workers Compensation Act (the “Act”) was expanded in the context of the definition of mental disorders under section 5.1 to include an injury caused by “work-related stressors”, including bullying or harassment. Also, effective November 1, 2013, the Occupational Health and Safety Prevention Manual added new policies regarding the obligations […]
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Regulating “Density” – Society of Fort Langley Residents for Sustainable Development v. Langley (Township)

Written by: Ryan Bortolin

January 8, 2014Legal Updates
The recent BC Supreme Court decision Society of Fort Langley Residents for Sustainable Development v. Langley (Township), 2013 BCSC 2273 (“Langley”), addresses the issue of how the word “density” is to be interpreted in the land use provisions of the Local Government Act.
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Case Comment: Ktunaxa Nation Council v. (British Columbia) Forests, Lands and Natural Resource Operations

Written by: Marie Watmough

January 8, 2014Legal Updates
In the recent decision Ktunaxa Nation Council v. (British Columbia) Forests, Lands and Natural Resource Operations, 2013 BCSC 1921, Jumbo Glacier Mountain Resort Municipality (the “Municipality”) applied to be joined as a party to an action in which the Ktunaxa was seeking injunctive relief, amongst other things, against the Province.  In making its decision, the […]
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Who Should Pay for Public Interest Litigation?

Written by: Emily Boyle

January 8, 2014Legal Updates
From time to time, local governments become involved in litigation that may be considered “public interest law”; that is, the answer to the legal question in dispute is unclear and the determination of the matter will serve the public interest in some way. If an important and complicated case should go to court but one […]
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