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.
Read Article
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 […]
Read Article
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.
Read Article
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 […]
Read Article
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 […]
Read Article
Collecting Debts as Unpaid Property Taxes – Know Your Limit, Play Within It
June 3, 2011Legal Updates
As many local governments know, the treatment of fees, charges, expenses and other amounts due and owing to a municipality or regional district can, in some circumstances, be treated and collected in the same manner and with the same remedies as property taxes; if the amount owing remains unpaid on December 31st of the year […]
Read Article
Selling Land for Local Governments – Part 2
June 3, 2011Legal Updates
Part 1 of this article, which appeared in the Fall 2009 issue of LoGo Notebook, dealt with several general issues of concern to local governments that sell land. Part 2 focuses on the actual agreement of purchase and sale, including some issues specific to situations where the local government is the seller.
Read Article
Approving Officer Appeals Avoid the Dunsmuir Bullet
May 30, 2011Legal Updates
In 1976 in City of Vancouver v. Simpson, the Supreme Court of Canada settled the law relating to appeals from decisions of subdivision approving officers under section 89 of the Land Title Act. The Court limited the grounds for appealing those decisions to three grounds, namely, was the decision made 1. in bad faith, 2. […]
Read Article
Court of Appeal Rejects Major Industry Tax Challenge
May 30, 2011Legal Updates
As reported in Fall LoGo 2009, Catalyst Paper Corporation appealed to the British Columbia Court of Appeal from the dismissal by the Supreme Court of British Columbia of Catalyst’s four court challenges to the major industry tax rates in the District of North Cowichan, the City of Campbell River, the City of Port Alberni and […]
Read Article
Local Government Successful in First Heritage Designation Compensation Arbitration
May 30, 2011Legal Updates
On February 3, 2010, the arbitrator in Rogers’ Chocolates Ltd. v. City of Victoria, handed down the first arbitration decision awarding compensation under section 969 of the Local Government Act as a result of a heritage designation bylaw. Rogers’ Chocolates Ltd. owns an old building at 913 Government Street in Victoria. It has done so […]
Read Article