Important New Conflict of Interest Case for Elected Officials
March 22, 2012Legal Updates
On October 7, 2011, just prior to the November 19, 2011 election, a Petition was filed by 16 Petitioners from Salt Spring Island against one Capital Regional District (“CRD”) Director who was the electoral area Director for Salt Spring Island, and against two Trustees of the Islands Trust (the “Trustees”). The Petitioners sought declarations that […]
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The Consequences of Failure to Consult with and Accommodate First Nations
March 22, 2012Legal Updates
The B.C. Supreme Court recently issued a judgment of great importance to local governments, in the field of first nations law. Halalt First Nation v. British Columbia (Minister of Environment), 2011 BCSC 945 (“Halalt”) deals with the duty of the Crown to consult with and accommodate first nations, and the consequences of failing to do […]
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Recent Changes to Freedom of Information and Protection of Privacy Act
March 22, 2012Legal Updates
In November of 2011, Bill 3, the Freedom of Information and Protection of Privacy Amendment Act, 2011 became law, resulting in a number of changes to the Freedom of Information and Protection of Privacy Act (the “Act”).
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March 22, 2012Legal Updates
This review of the City of Prince Rupert’s decision to refuse to disclose records in relation to a severance agreement may provide some assistance to local governments considering similar issues. In this Order, the Adjudicator considered whether solicitor-client privilege applied to certain documents requested by the applicant, and also considered whether the release of the […]
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The Importance of Liability Waivers in Recreation Programs
March 22, 2012Legal Updates
Liability waivers are commonly used in the recreation industry, by commercial and non-commercial operators alike. A common misconception about liability waivers is that they are not enforceable. In fact, liability waivers are enforceable and can protect recreation service providers against claims of negligence, provided they are drafted and used properly. A recent decision of the […]
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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 1970s, 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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