No Defamation Remedy for Local Government
June 3, 2011Legal Updates
The law of defamation has recently changed for local government in British Columbia. In 1975, the British Columbia Court of Appeal in the City of Prince George v. British Columbia Television Systems Ltd. held that local government could bring an action for defamation. The Court held that since every incorporated municipality has all the rights […]
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On the Waterfront – Two Recent Cases Examine the Authority to Regulate the Marine Environment
June 3, 2011Legal Updates
The British Columbia courts have recently released two important decisions relating to the constitutional authority of governments to regulate the marine environment. In one of them, Salt Spring Island Local Trust Committee v. B&B Ganges Marina Ltd., 2008 BCCA 544 (“B&B Ganges”), the Court of Appeal examined a local government’s authority to regulate a floating […]
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The Summer of Discontent: The 2009 Major Industry Tax Revolt
June 3, 2011Legal Updates
In the midst of the global recession, which has severely affected the British Columbia economy generally and the economies of resource communities in particular, several communities across British Columbia are facing an unprecedented tax revolt by major industry. In Campbell River, North Cowichan, Port Alberni and Powell River proceedings have been commenced in British Columbia […]
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Tips for Preparing and Registering Section 219 Covenants
June 3, 2011Legal Updates
Section 219 Covenants are without a doubt a very useful part of the local government toolbox in British Columbia. The history and purpose of the Section 219 Covenant is too vast a subject for a brief article such as this one. It is enough to say that a Section 219 Covenant is an agreement between […]
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June 3, 2011Legal Updates
The Facts of the Case In Heyes v. Vancouver, TransLink, Canada Rapid Line Transit Inc. and Transit B.C. Limited Partnership the defendants, TransLink, Canada Rapid Line Transit Inc. and Transit B.C. Limited Partnership were found liable in nuisance for the damages to the business operated by the plaintiff caused by the massive disruption of switching […]
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Awarding Costs in Public Interest Cases
June 3, 2011Legal Updates
The issue in Vancouver (City) v. Zhang, 2009 BCSC 614, was whether costs should be awarded against an unsuccessful party alleging a breach of the party’s rights under the Charter of Rights and Freedoms where that party’s interest coincides with the public interest.
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The OCP Trump Card: By Appeasing Popular Opinion Council Oversteps its Jurisdiction
June 3, 2011Legal Updates
It is a problem often shared by local governments: letters to the editor start pouring into the local newspaper from citizens concerned about a new condo development. The complaints are commonplace, but usually revolve around the proposed new building somehow not fitting into the community. The trouble is that the condo developer has met the […]
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Court Rejects Major Industry Tax Challenge
June 3, 2011Legal Updates
As reported in the Summer 2009 issue of Logo Notebook, several major industrial companies launched legal proceedings challenging the extent of local government taxation on major industrial properties. On October 16, 2009, the British Columbia Supreme Court dismissed the challenge brought by Catalyst Paper Corporation against the District of North Cowichan.
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Selling Land for Local Governments – Part 1
June 3, 2011Legal Updates
Local governments in British Columbia have greater freedom than ever before to sell real property. Gone are the days when it was necessary for Council or the Board to pass a bylaw declaring land surplus. Under the Community Charter and the Local Government Act, a local government requires only a resolution to proceed with the […]
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Derelict and Abandoned Manufactured Homes
June 3, 2011Legal Updates
With building bylaws demanding increasingly strict construction standards, today’s manufactured homes are being built to stand the test of time, much like conventional houses. Unfortunately, neglect and British Columbia’s climatic conditions are turning existing holiday ramblers into ramshackle structures. Since older manufactured homes have tended to decrease in value as they age and fall into […]
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