Consistency Revisited: Sevin v. Prince George (City)
September 25, 2012Legal Updates
In the recent decision of Sevin v. Prince George (City), the B.C. Supreme Court declared invalid a zoning bylaw amendment that would have allowed a former elementary school in a rural zone to be used as a 30-bed addiction treatment centre. The Supreme Court found that the amendment was inconsistent with the City’s Official Community […]
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Stop the Clocks: The New Limitation Act and Its Effect on Local Governments
September 25, 2012Legal Updates
The new Limitation Act (the “New Act”) will affect many types of claims typically faced by local governments. The biggest changes in the New Act are a shift to a basic limitation period of 2 years for most claims and a reduction in the ultimate limitation period from 30 to 15 years. Before describing the […]
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Latecomer Bylaw Upheld in Court of Appeal
September 25, 2012Legal Updates
In Okanagan Land Development Corporation v. City of Vernon 2012 BCCA 332, the Court of Appeal overturned the lower court decision which had held a latecomer bylaw to be invalid on the basis that the municipality was not authorized to impose a per unit charge based on future potential development of the benefiting properties, payable […]
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Payments in Lieu of Taxes: New Supreme Court of Canada Judgment
September 25, 2012Legal Updates
The Supreme Court of Canada has recently released its judgment in the case of Halifax (Regional Municipality) v. Canada (Public Works and Government Services), the second in a line of cases decided by the Supreme Court of Canada with respect to the application of the Federal Payments in Lieu of Taxes Act (the “Act”). This […]
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Claim for Abuse of Public Office Rejected
September 25, 2012Legal Updates
The recent British Columbia Supreme Court case of Scory v. Langley (Township) may be of interest to local government. The Plaintiff, Mr. Scory, brought action against the Township for damages allegedly resulting from the Defendant Township delaying the issuance of a building permit through what the Plaintiff claimed was an abuse of public office.
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The Duty to Consult First Nations in Relation to the Incorporation of Municipalities
September 25, 2012Legal Updates
As noted in our client bulletin dated April 2012, respecting the BC Supreme Court decision in Neskonlith Indian Band v. Salmon Arm (City), although local governments may not have a duty to consult and accommodate First Nations that parallels that of the Crown, the Crown’s duty to consult and accommodate remains an important fact of […]
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Public Hearings and the Duty to Disclose Reports
September 25, 2012Legal Updates
The recent decision of the BC Court of Appeal in Fisher Road Holdings Ltd. v. Cowichan Valley (Regional District) highlights the ongoing challenges faced by local government elected and appointed officials in ensuring a fair public hearing process that can withstand judicial review. The case involved the rezoning of land in the Cowichan Valley owned […]
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Defamation and Release of Criminal Record Check Information
May 16, 2012Legal Updates
In the case of William v. Kelowna (City), 2012 BCSC 421, the plaintiff, William, brought an action against the City of Kelowna and one of its employees, O’Reilly, on the basis that the Defendants were negligent in processing a criminal record check and had defamed her by advising her prospective employer of the content of […]
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Limits to Lawful Non-Conforming Uses – Campgrounds, Park Models and Storage Sheds
May 16, 2012Legal Updates
A recent British Columbia Supreme Court case involving the Columbia Shuswap Regional District and a proposed development of a campground on the shore of Shuswap Lake within the Regional District may be of some interest to local government. In MM Project Management Services Inc., Re, 2012 BCSC 47 the owner of the campground lands sought […]
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Interpreting Zoning Bylaws – Two Recent Cases
May 16, 2012Legal Updates
When the interpretation of any bylaw is in question, the court’s task is to determine the intent of the Board or Council, as expressed through the wording of the bylaw. That is not always a straightforward matter. Two recent cases illustrate the approach the courts use when interpreting zoning bylaws: Whistler (Resort Municipality) v. Whistler […]
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