Amendments to Sign Bylaw Leads to Constitutional Challenge and Allegations of Bad Faith
2022-09-19Legal 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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2022-06-28Legal Updates
The BC Supreme Court recently added to the volume of caselaw regarding the procedural fairness requirements that are applied in reviewing decisions of municipal governments.
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2022-06-28Legal Updates
SMS was pleased to attend and present at the 2022 LGMA Conference in Penticton. Please see our special edition SMS Newsletter that we prepared for the conference.
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2022-06-21Announcements
Ryan Bortolin and Heidi Boudreau will be presenting at the upcoming LGMA conference being held in Penticton from June 21 to June 23, 2022. They will be presenting a Legal Update presentation on June 23.
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2022-06-21Legal Updates
How should a council or board respond when one of its members has engaged in inappropriate or undesirable conduct? What sort of process is required? Controversial social media posts by the mayor, public fallout, and the disciplinary steps council attempted to take in response, are at the heart of the BC Supreme Court’s recent ruling […]
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Pacific Business and Law Institute – Local Government 2022
2022-03-17Announcements
The Pacific Business and Law Institute’s annual local government law program is scheduled for April 8. Peter Johnson will be presenting on the subject of Climate Change and Emergency Measures. More information about the conference is available here: https://www.pbli.com/locgov22
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Time Limit Imposed on “Emergencies” under the Emergency Program Act
2022-01-20Legal Updates
In the recent decision of Rosewall v. Sechelt (District of), 2022 BCSC 20, Justice Gomery of the BC Supreme Court has found the Province liable in nuisance arising from circumstances related to the exercise of statutory authority contained in the Emergency Program Act (“EPA“). In his decision, Justice Gomery concluded that the EPA contemplates an emergency as […]
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Stewart McDannold Stuart – Holiday Hours
2021-12-23Announcements
Our office will be closed December 24, 27, and 28. We will be open December 29, 30 and 31.
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Season’s Greetings from Stewart McDannold Stuart
2021-12-23Announcements
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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Reasonableness Review: A Case Study of Anderson v Strathcona Regional District
2021-11-16Legal Updates
The BC Supreme Court has released reasons in Anderson v Strathcona Regional District, 2021 BCSC 1800 [Anderson] which provides an excellent example of the Court applying the reasonableness standard of review, as recently re-articulated by the Supreme Court of Canada in Vavilov, to decisions of a local government.
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