Employer’s Corner – The Disabled Employee Part 1
March 22, 2013Labour / Employment Law
SMS is pleased to present our new section of the LoGo Newsletter, Employer’s Corner. There are many ways employers and managers can prevent significant and costly claims by employees or former employees. I have practiced in the employment field for over 20 years and assisted a broad range of clients, including employers with over 500 […]
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Tree Protection Covenant Enforceable
March 22, 2013Legal Updates
Buck v. Regional District of Nanaimo (2 November, 2012), Victoria Registry No. 12-2289 (B.C.S.C.) This case concerned a challenge to the validity of a conservation covenant registered pursuant to Section 219 of the Land Title Act. In 2005, a land developer subdivided a 178-hectare parcel of land to create a 72-lot subdivision in the area […]
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Court of Appeal Overturns Trial Victory for Halalt First Nation
March 22, 2013Legal Updates
In November, 2012, the BC Court of Appeal released its judgment in the case of Halalt First Nation v. British Columbia, 2012 BCCA 472. The Court of Appeal overturned the decision of the trial judge, who held that the provincial Crown had failed to consult with and accommodate the Halalt First Nation (“HFN”) in connection […]
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Toronto Mayor Tackles Disqualification Ruling
March 22, 2013Legal Updates
Magder v. Ford: The Best Defense is Sometimes a Good Offense The Ontario Divisional Court, on appeal from the Ontario Superior Court, has overturned a ruling that found the Mayor of Toronto was disqualified from office for breach of the Ontario Municipal Conflict of Interest Act.
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Decision to Remove Dangerous Tree Upheld
March 22, 2013Legal Updates
Corporation of the District of Saanich v. Furber et al. 2012 BCSC 1824 This case involved a decision by Saanich to remove a 100-year-old Douglas Fir tree located on a highway boulevard. The tree was infected with a fungus that caused rotting of the roots and core of the tree. The tree outwardly appeared to […]
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Supreme Court of Canada Clarifies Law of Injurious Affection
March 22, 2013Legal Updates
In its recent decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13, the Supreme Court of Canada has clarified the legal test for determining whether a property owner is entitled to damages for injurious affection resulting from construction of a public project. The Court has ruled that the mere fact a public […]
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January 15, 2013Legal Updates
On January 11, 2013, the Court of Appeal overturned the B.C. Supreme Court decision in Schlenker v. Torgrimson, which had been a decision alleging that members of the Salt Spring Island Local Trust Committee were in conflict because of their participation on the boards of directors of not for profit organizations. Not only did the […]
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Deadline for Notice of Tax Sale Approaching
December 10, 2012Legal Updates
The deadline for providing notice to owners of properties purchased at this year’s tax sale is fast approaching. Tax sales occur on the last Monday of September. The Local Government Act requires that the collector give written notice of the tax sale and of the redemption period to persons registered in the land title office […]
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Neskonlith Indian Band v. Salmon Arm (City)
September 25, 2012Legal Updates
The B.C. Court of Appeal has upheld the lower court ruling in Neskonlith Indian Band v. Salmon Arm (City). The lower court’s ruling was the topic of our April, 2012 client bulletin. As noted in our client bulletin, the lower court held that the City of Salmon Arm was not under a legal duty to […]
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