January 2, 2014Announcements
Stewart McDannold Stuart is pleased to announce that Susan L. Beach and Michael J. Hargraves have joined the partnership effective January 1, 2014. Susan Beach is an accomplished litigator and advocate, who has been with SMS for over two years. Susan’s bio can be accessed here. Michael Hargraves joined the solicitors department of SMS in […]
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The Disabled Employee – Part 3 – Accommodation to the Point of Undue Hardship
October 2, 2013Labour / Employment Law
In Part 1 of this 3 part series, we discussed the definition of disability, requesting medical information to determine if there is a disability, and what accommodation may be required. In Part 2, the focus was on the process of accommodation. In this Part 3, we will discuss when the duty to accommodate ends or, […]
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Case Comment: Bradshaw v. Victoria (City)
October 1, 2013Legal Updates
The recent case of Bradshaw v. Victoria (City), 2013 BCSC 1710 provides a discussion of sections 879 and 929 of the Local Government Act.
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October 1, 2013Legal Updates
There are times when a local government is compelled to commence a court action to protect public safety. Dangerous dog destruction applications, made pursuant to section 49 of the Community Charter, often fit into this category. Such applications can be hard fought and drawn out by appeal, the result of which can be expensive for […]
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Higgins v. Quesnel (City) – Consistency Revisited (Again)
October 1, 2013Legal Updates
If anyone thought that the 2012 decision in Sevin v. Prince George (see LoGo Notebook, Fall 2012) might signal a return by the courts to greater judicial oversight on the question of consistency between an Official Community Plan and a bylaw subsequently adopted by a Board or Council, the recent decision in Higgins v. Quesnel […]
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“Regulating” and “Prohibiting” – What’s the Difference?
October 1, 2013Legal Updates
There are many legal issues that local governments have had to wrestle with in the 25 years since this firm was established. One issue that continues to arise is the difference between the power to prohibit and the power to regulate. A recent decision of the British Columbia Court of Appeal illustrates the difficulties that […]
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The Shifting Tides of Constitutional Law in British Columbia
October 1, 2013Legal Updates
The recent decision of the B.C. Supreme Court in West Kelowna (District) v. Newcombe, 2013 BCSC 1411 (“West Kelowna”), in which the court has upheld a zoning bylaw provision regulating the moorage of boats on Okanagan Lake, provides an occasion to look at the ebb and flow of constitutional law in British Columbia, particularly as […]
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Regional Districts – Looking Back Over 25 Years (Plus) of Regional Government Services
October 1, 2013Legal Updates
In 1964, the year the Beatles released “A Hard Day’s Night”, the Municipal Act of British Columbia was amended to authorize the incorporation of regional districts to enable a form of local government for persons living outside municipal boundaries who wished to have a mechanism to establish services and to allow for land use control […]
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25 Years of Local Government Statutes: The More Things Change The More They Stay The Same
October 1, 2013Legal Updates
As Stewart McDannold Stuart celebrates its 25th anniversary this year, we thought it might be interesting to take a look back at the “evolution” of local government legislation. In 1988, our founding partner Galt Wilson had a paper bound version of the Municipal Act R.S.B.C. 1979, c. 290 on his desk, published by the Queen’s […]
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Stewart McDannold Stuart – 25th Anniversary
October 1, 2013Announcements
On August 1, 2013 Stewart McDannold Stuart celebrated its 25th anniversary as a law firm. There have been many changes over the past 25 years. The law has changed and evolved. Members of this firm have changed, some retiring, others moving on to new adventures, new lawyers and support staff joining us. Our clients have […]
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