Tendering and the Test for Material Compliance
August 9, 2011Legal Updates
In the July 11, 2011 decision of Maple Reinders Inc. v. Cerco Developments Ltd., Madam Justice Fitzpatrick provides an informative discussion about the nature of “material compliance” in the tendering context. Maple Reinders was an unsuccessful bidder following a tender associated with the construction of an apartment building in Kelowna. Cerco was the tendering authority […]
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Court of Appeal Interprets Riparian Areas Regulation
August 9, 2011Legal Updates
The B.C. Court of Appeal recently issued its judgment in the case of Yanke v. Salmon Arm (City), 2011 BCCA 309, a case involving the interpretation of the Riparian Areas Regulation, B.C. Reg. 376/2004 (the “RAR”). The judgment of the Supreme Court was discussed in the Fall 2010 issue of LoGo Notebook.
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June 2011 – Important New Licensing Appeal Board Decision
June 17, 2011Legal Updates
On June 13, 2011, the Community Care and Assisted Living Appeal Board released its decision in Coleman v. Fraser Health Authority; an important decision setting out how the Appeal Board will approach all future appeals brought before it. First of all, some background. In 2008, the Supreme Court of Canada gave its decision in Dunsmuir […]
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Can the Court of Appeal Suspend a Trial Order Setting Aside a Local Government Bylaw?
June 3, 2011Legal Updates
The question of whether the British Columbia Court of Appeal has the jurisdiction and authority to suspend an order by the B.C. Supreme Court setting aside or quashing local government bylaws pending an appeal has not been expressly answered by the Court of Appeal until just recently.
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Not for Sale: Banning Commercial Signs
June 3, 2011Legal Updates
During every Federal Election, my father is not satisfied with having just an ordinary lawn sign in his front yard. He erects those 4×8 foot signs you see on highways on his front lawn. I’d like to stop that unsightly aesthetic and not just because Dad’s political preferences differ from my own.
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Local Government’s Duty to Consult with First Nations
June 3, 2011Legal Updates
In its 2003 judgment in Haida Nation v. British Columbia (Minister of Forests), the Supreme Court of Canada held that the when the provincial and federal Crown contemplate conduct that may adversely affect aboriginal right or title, they have a duty to consult with first nations. This duty is apart from any statutory requirement, and […]
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June 3, 2011Legal Updates
We’ve had a pretty cold winter so I’m going to hope that our summer will be dry and hot. That’s good because I love to camp… legally that is. For many local governments, a dry hot summer may lead to an increase in unlawful camping. This will require an expansion of municipal services. In B.C. […]
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Court of Appeal Upholds LGA s.943 Ruling (Sort of!)
June 3, 2011Legal Updates
In the Summer 2008 issue, we reported on the B.C. Supreme Court Ruling in 694385 B.C. Ltd. v. Capital Regional District regarding the interpretation of s. 943 of the Local Government Act. In that case the court disagreed with the petitioner’s attempt to argue that the one-year grace period created by s. 943 applied to […]
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The Far Reach of Freedom of Information to Local Government Subsidiaries
June 3, 2011Legal Updates
Local governments that have created corporations to operate their activities have an interest in the outcome of the Office of the Information and Privacy Commissioner for British Columbia (Order F09-08) – Corporation of the Village of Burns Lake, April 30, 2009, where two applicants made requests for information under the B.C. Freedom of Information and […]
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You Should be A-Waltzing with TILMA Today
June 3, 2011Legal Updates
The Trade Investment and Labour Mobility Agreement (“TILMA”), an agreement between the governments of British Columbia and Alberta came into effect on April 1, 2009 for the MASH sector (municipalities, academic institutions, schools and hospitals) in British Columbia.
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