March 22, 2012Legal Updates
The Court of Appeal has ruled on the question of the standard for determining consistency between Official Community Plans and Zoning Bylaws. The B.C. Supreme Court decision, in which the zoning bylaw was found not to be inconsistent with the Official Community Plan, was discussed in an article in Logo Notebook in the Spring of […]
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Catalyst Appeal Dismissed – 2008 Tax Revolt Ends
January 23, 2012Legal Updates
The Supreme Court of Canada (the “SCC”), in a unanimous judgment, has dismissed Catalyst Paper Corporation’s appeal in Catalyst Paper Corp. v. North Cowichan (District), 2012 SCC 2 (“Catalyst”), thus putting an end to the tax revolt of 2008 that saw Catalyst bring court challenges to a number of municipal property tax bylaws on the […]
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Looking at the Past and into the Future – A Message from Guy McDannold
November 30, 2011Announcements
The Past In the late 1970’s I was a 23 year old law school graduate looking to start my legal career. I had just spent three years learning that most of the law was all about money and property; how to help people acquire more of it; secure it for them; and keep others from […]
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New Elections Regulation – Eligibility of Local Government Volunteers for Elected Office
October 4, 2011Legal Updates
The Volunteer Eligibility for Office Regulation, B.C. Reg. 165/2011, was deposited on September 19, 2011. The Regulation provides that persons who provide volunteer services to a municipality or regional district, without monetary compensation, are not “employees” for the purpose of section 67 of the Local Government Act. Such volunteers are not disqualified from being nominated […]
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Campaign Organizers and Elector Organization
September 28, 2011Legal Updates
As we move into the upcoming local government election season it is important to bear in mind that the campaign financing rules under the Local Government Act apply not only to candidates, but to elector organizations and campaign organizers as well.
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Summaries of 2008 Election Cases
September 28, 2011Legal Updates
Patterson v. District of Kent, 2008 BCSC 352 Patterson v. District of Kent disproves the saying that if you throw enough mud against the wall, some of it will stick. The petitioner was unsuccessful in attempting to have a by-election set aside despite raising multiple possible deficiencies in the way the election was conducted. Her […]
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The Importance of Filing Post Election Paperwork
September 28, 2011Legal Updates
There are relatively few Court decisions relating to the provisions of the Local Government Act as they apply to the filing requirements of election officials. A decision from the 2008 election, Alpha v. The Board of School Trustees of School District 61 (Greater Victoria) highlights the importance of making sure that proper paperwork is filed […]
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The Complex Affairs of Local Governments
August 9, 2011Legal Updates
The recent case of Visinski v. Regional District of Central Okanagan (“Visinski”), of June 22, 2011, is an important decision that addresses the complexities of overlapping regulatory authority between municipalities and regional districts. Facts On November 18, 2008, a letter carrier was attacked by Mr. Visinski’s dog, Kokako. Mr. Visinski was charged under section 17.5 […]
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August 9, 2011Legal Updates
The exercise of a local government’s discretion to issue a development permit is a limited one. A local government may only exercise its discretion to grant or refuse a development permit based upon the guidelines set out in its Official Community Plan, and cannot act upon “extraneous considerations”. Additionally, while it is well understood that […]
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A Tale of Two Cabbies: Meeting the Threshold of Sufficient Reasons on Denial of a Chauffeur’s Permit
August 9, 2011Legal Updates
Municipal councils are not courts. Their reasons should not be scrutinized with the same criteria as judicial reasons. Decisions by councils are made by a vote. The Votes take into account the public interest. They may reflect political considerations. 552197 B.C. Ltd. v. City of Abbotsford, 2007 BCCA 162 at para. 14 There have been […]
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