My Way or the Highway? Two New Cases on Section 42 Roads
2014-01-08Legal 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
2014-01-08Labour / 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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2014-01-08Legal 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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2014-01-08Legal 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?
2014-01-08Legal 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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2014-01-02Announcements
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
2013-10-02Labour / 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)
2013-10-01Legal 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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2013-10-01Legal 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)
2013-10-01Legal 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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