BCSC Affirms: Good Faith Local Government Decisions to Not Enforce Bylaws Are Immune From Negligence Claims

Written by: Josh Krusell

2024-03-06Legal Updates
In Fahr v Schnitzer Steel Canada Ltd., 2024 BCSC 296, the BC Supreme Court affirms that municipalities are not required to enforce bylaws so long as their decision to not undertake enforcement is done in good faith.This decision follows the Court’s prior decisions in Suncourt Homes (2019 BCSC 2258) and Lebourdais (2022 BCSC 281). Specifically, […]
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Kyle Falk-Varcoe Joins Stewart McDannold Stuart

Written by: SMS Lawyers

2024-02-16Lawyers
Stewart McDannold Stuart is pleased to welcome our newest associate, Kyle Falk-Varcoe. Kyle is a graduate of the University of Victoria and was called to the bar in 2022 before working at a leading national firm in Vancouver. Kyle is relocating back to Vancouver Island and will be working with our solicitors group providing services […]
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Implications of R v. Greater Sudbury for Local Governments in BC

Written by: Thomas Haughian

2024-01-16Legal Updates
In the recent case of R. v. Greater Sudbury (City), 2023 SCC 28 (“Sudbury”), the Supreme Court of Canada expanded the legal duties and potential liability of “employers” under occupational health and safety (“OHS”) legislation to owners of construction projects.  As a decision of the highest court in Canada, Sudbury could have significant implications for […]
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Season’s Greetings from Stewart McDannold Stuart

Written by: SMS Lawyers

2023-12-20Announcements
From all the lawyers and support staff at Stewart McDannold Stuart, we wish you all the best for the holiday season and a happy and prosperous New Year.
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Legislation and Regulations Relating to Local Governments in British Columbia

Written by: SMS Lawyers

2023-11-28Legal Updates
In the late 1990s, the Province of British Columbia introduced substantial updates to its local government enabling legislation with a series of amendments to the Municipal Act, then the lengthiest statute in the province. First, the Municipal Act was renamed as the Local Government Act. Next, the Legislature enacted the Community Charter as the core […]
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Court of Appeal Upholds Ucluelet’s Decision to Downzone a Developer’s Lands

Written by: Josh Krusell

2023-09-08Legal Updates
A recent decision of the BC Court of Appeal affirms a local government’s authority to act quickly and in good faith to forestall development via downzoning of lands, and it clarifies the doctrine of “commitment to use” in respect of claims of an owner that it has already established a lawful non-conforming use. In Onni […]
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2023 LGMA Annual Conference

Written by: Cia Everett

2023-06-15Uncategorized
Ryan Bortolin, Jessica Eastwood and Jeff Locke will be presenting at the LGMA conference being held in Nanaimo from June 13 to June 15. Ryan and Jessica will be providing a legal update on June 15, and Jeff will also be presenting on June 15, on the topic “Supporting Your Decisions: Essentials and Strategies for […]
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Local Government Leadership Academy

Written by: Cia Everett

2023-02-15Uncategorized
On February 15, 2023 Ryan Bortolin will be presenting on “Local Government Law 101” at the Local Government Leadership Academy in Nanaimo BC.  The basis of his presentation will be the “Guide for Municipal Council Members and Regional District Directors in British Columbia”, a copy of which can be found here.
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Pacific Business and Law Institute—Local Government 2023

Written by: SMS Lawyers

2023-01-31Announcements
On March 10, 2023 Peter Johnson will be participating in this year’s PBLI conference on local government law, and will be presenting on the topic: “Provincial Overrides and Strong Mayors: Limits on Municipal Council Powers”. You can find the PBLI website here.
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Season’s Greetings from Stewart McDannold Stuart

Written by: SMS Lawyers

2022-12-22Announcements
From all the lawyers and support staff at Stewart McDannold Stuart, we wish you all the best for the holiday season and a happy and prosperous New Year. In lieu of sending greeting cards this year, we have made a donation to Cool Aid Society on behalf of Sandy Merriman House.
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