Court of Appeal Upholds Ucluelet’s Decision to Downzone a Developer’s Lands
September 8, 2023Legal 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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June 15, 2023Uncategorized
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
February 15, 2023Uncategorized
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
January 31, 2023Announcements
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
December 22, 2022Announcements
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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BC Supreme Court finds that Re-Zoning Approval with Variances did not “Create a New Zone”
December 19, 2022Legal Updates
Recently, the B.C. Supreme Court denied a judicial review petition challenging the approval of a re-zoning application for an apartment complex. In Penticton Society for Transparent Governance and Responsible Development v Penticton (City), 2022 BCSC 2111, the Petitioner alleged that the City had effectively created a new, non-existent land use zone when it approved an […]
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Province Introduces Bill 43, Housing Supply Act – If You Don’t Build It, They Will Come
November 25, 2022Legal Updates
The BC government has introduced Bill 43 – 2022, the “Housing Supply Act” to the legislature, with the stated intention of providing “a framework for housing targets to be established for specified municipalities, and for the minister or Lieutenant Governor in Council to take certain actions if housing targets are not met.” The proposed legislation […]
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Regulation of Land May Result in Liability for Constructive Taking
October 28, 2022Legal Updates
Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 The Supreme Court of Canada has issued a decision coming out of the province of Nova Scotia which broadens the basis upon which a local government may be held liable for “constructive taking” of private lands.
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Public Law Duties ≠ Private Law Duties of Care
September 20, 2022Legal Updates
Local governments, like other public bodies and officials, are required by legislation to perform specific public duties and responsibilities. If these “public law duties” are not conducted correctly, this may be grounds for finding that the decision or action was improper, and a court may send the matter back for reconsideration. However, it does not […]
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Amendments to Sign Bylaw Leads to Constitutional Challenge and Allegations of Bad Faith
September 19, 2022Legal Updates
Kaps v City of Surrey, 2022 BCSC 1191 (“Kaps“) is a recent decision of the BC Supreme Court which highlights the importance of ensuring that prohibitions in a sign bylaw are clear and concise in meaning so as to avoid infringing the constitutional protection for freedom of expression. The Kaps decision also reiterated the evidentiary […]
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