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 […]
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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.
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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. […]
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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 […]
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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 […]
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May 30, 2011Legal Updates
On March 18, 2010, the British Columbia Supreme Court gave its decision in Fraser Health Authority v Jongerden and upheld the ban on the distribution of raw milk in British Columbia. The court granted the injunction sought by the Fraser Health Authority prohibiting individuals from packaging and/or distributing raw milk and/or raw milk products for […]
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Service Withdrawal Arbitrations
May 30, 2011Legal Updates
On February 8, 2010 an arbitrator’s decision determined the extent of the jurisdiction of a service withdrawal arbitration under section 813.13 of the Local Government Act in City of Vernon v. Regional District of North Okanagan and District of Coldstream. In this case, the City of Vernon had requested a partial withdrawal from the Greater […]
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Responding to Due Diligence Letters from a Purchaser’s Lawyer
May 25, 2011Legal Updates
In the Spring 2005 issue of this newsletter, we cautioned against providing “approval in principle” comfort letters to developers seeking to market early under the Real Estate Development and Marketing Act. In the same vein, but of more frequency and concern, are property information/zoning confirmation requests from the lawyers acting for purchasers of property. These […]
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Federal Payments in Lieu of Taxes Be Reasonable
May 25, 2011Legal Updates
In the recent case of Montreal (City) v. Montreal Port Authority, 2010 SCC 14, the Supreme Court of Canada set down some guidelines for the application of federal legislation concerning payments in lieu of taxes (“PILTs”) by the federal Crown and federal Crown corporations. Such payments are governed by the Payments in Lieu of Taxes […]
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Reserve Land – Tenures Available to Local Governments
May 25, 2011Legal Updates
Every so often, a local government may require an interest in a First Nation’s reserve lands, be it for highway/road access purposes, or to construct and operate a sewer or water line or outfall. This article identifies the interests that are available to local governments under the Indian Act on reserve lands of a First […]
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