May 2011 – Bylaw Ban on Puppy Sales Upheld
May 1, 2011Legal Updates
The Supreme Court of BC has upheld a City of Richmond bylaw that bans the sale of dogs and puppies from pet stores. In International Bio Research v. Richmond (City), 2011 BCSC 471, three pet stores challenged the validity of the bylaw on various grounds including that it was ultra vires, that it was unreasonable […]
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April 12, 2011Legal Updates
The Supreme Court of Canada (the “SCC”) has confirmed that the federal government, by virtue of its constitutional jurisdiction over aeronautics, has the exclusive authority to regulate the location of aerodromes. Municipalities and provinces have no authority to do so.
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Reserve Land – Tenures Available to Local Governments – Part 2
April 12, 2011Legal Updates
In the Summer 2010 issue of Logo Law, I reviewed the forms of tenure available to local governments on Indian reserve lands that are subject to the land management provisions of the Indian Act. The purpose of that article was to outline the tenure options for local governments that wish to locate or expand works […]
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E-Communication Privacy Considerations for Local Governments
April 12, 2011Legal Updates
Use of E-communication Tools Local governments wishing to improve communications with their citizens have found technology to be a valuable tool. Information can be disseminated broadly at minimal cost. Email communications and websites can enable a local government to be more transparent. Recognizing these valuable benefits, local governments are beginning to use these tools, for […]
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March 2011 – Court of Appeal Reverses Trial Court in “Canada Line” Damages For Nuisance Case
March 1, 2011Legal Updates
The BC Court of Appeal has reversed the trial judge’s decision, and has dismissed the plaintiff’s claim in nuisance arising out of the construction of the “Canada Line” Skytrain line in Susan Heyes Inc. (Hazel & Co.) v. South Coast BC Transportation Authority, 2011 BCCA 77 (”Heyes”). For a discussion of the trial decision, see […]
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November 2010 – New Supreme Court Rules – What Everybody In Local Government Needs To Know
November 1, 2010Legal Updates
On July 1, 2010 new rules governing the conduct of litigation in the Supreme Court of British Columbia came into effect. These new rules completely replaced the existing rules which had been effect since 1979. The following are the essential elements of the new rules that everybody in local government needs to know.
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March 2010 – Replacing Units in Mobile Home Parks
March 1, 2010Legal Updates
The law regarding mobile home parks that are non-conforming under current zoning bylaws has just been clarified in Stroshin et al. v. The City of Parksville (“Stroshin”). For some time, it has been unclear whether the occupiers of mobile home spaces in non-conforming mobile home parks could replace their older, smaller mobile homes with newer, […]
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February 1, 2010Legal Updates
On February 12, 2010, the Supreme Court of the Canada released its long-awaited judgment in the tendering law case of Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways), 2010 SCC 4 (“Tercon”).
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December 2009 – Anti-camping Bylaw’s Unconstitutional Status Upheld by Court of Appeal
December 1, 2009Legal Updates
On December 9, 2009 the British Columbia Court of Appeal released its reasons for judgment in the Victoria (City) v. Adams case. The decision of the Trial Judge (released in October 2008 and reported on in our client bulletin at https://sms.bc.ca/client/2008/oct2008-1.html) received widespread attention. Given the importance of the issues, a number of additional parties […]
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October 1, 2009Legal Updates
The City of Langford commenced a civil action in the Supreme Court of British Columbia against two graffiti vandals for injunctive relief and damages. The first action against a graffiti vandal utilizing the tag “REZ” was settled by way of Court Order while the second will proceed to trial. The key components of this Order […]
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