What the Supreme Court of Canada’s Decision in Nelson (City) v Marchi Means for Local Government Policy Development and the Policy Immunity Defence

Written by: Josh Krusell, Jeff Locke, Andrew Buckley

October 29, 2021Legal Updates
This month the Supreme Court of Canada (SCC) released its judgment in Nelson (City) v Marchi, 2021 SCC 4. The decision provides greater clarity on how to identify and assess “core policy decisions” of local governments. This is an important decision impacting on the availability of the “policy immunity defence”, of which all local governments […]
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2021 LGMA Corporate Officers Virtual Forum

Written by: SMS Lawyers

October 26, 2021Announcements
Kathryn Stuart will be presenting at the LGMA Corporate Officers Virtual Forum. On October 29th, she will be presenting a session on “The Ins and Outs of Committees and Commissions.”
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Recent Decisions from the Court of Appeal with Respect to Restrictive Covenants

Written by: Heidi Boudreau

October 18, 2021Legal Updates
The British Columbia Court of Appeal has issued two recent decisions which provide important insight into the ways local governments may utilize restrictive covenants to manage risk and regulate specific uses of land.
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British Columbia Court of Appeal Rules Approving Officer Insulated from Negligence Claims

Written by: David Giroday

October 18, 2021Legal Updates
In Held v. Sechelt (District), 2021 BCCA 350 the British Columbia Court of Appeal affirmed that an approving officer could not be held personally liable in negligence while acting in the course of his duties related to the review, consideration and approval of a subdivision and development within a municipality.
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Electronic Meetings: Bill 10 Requires Adoption of New Procedure Bylaw Provisions For Continuation of Electronic Meetings

Written by: Rekha Parmar

August 31, 2021Bulletins
Changes to the authority for local governments to hold electronic board and council meetings are afoot.    After the current authority under the COVID Related Measures Act/Ministerial Order M192 to hold electronic meetings expires on September 28, fully electronic regular council, board, and committee meetings will only be possible if council or the board has […]
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Vancouver Councillor and Bar Owner Found Not to Have Conflict of Interest Relating to Vote on COVID-19 Measures Affecting Local Restaurants

Written by: Josh Krusell

August 19, 2021Legal Updates
A recent court decision confirms that the interest or bias that is required to prove an elected official has a conflict of interest is one that relates to the distinct interest of the elected official in the particular case and is not merely some financial interest possessed by that elected official that she or he […]
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Laying the Groundwork for Building Inspectors: Clarification from the British Columbia Court of Appeal on Soil Densification Activities and the Expiration of Building Permits

Written by: SMS Lawyers

August 4, 2021Announcements
On June 9, 2021, the British Columbia Court of Appeal released reasons for judgment in Yu v. Richmond (City), 2021 BCCA 226. In this court action the City of Richmond (the “City”) appealed a judicial review decision of the Supreme Court of British Columbia in which it was held that pre-building soil densification measures that […]
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Cancellation of the COVID-19 State of Emergency – Transition from the COVID-19 Related Measures Act and the new Municipal Affairs Statutes Amendment Act, 2021

Written by: Jessica Eastwood

As of the end of the day on June 30, 2021, the COVID-19 State of Emergency, as previously declared under the Emergency Program Act (British Columbia), was cancelled. The Province is now in a period of transition under the COVID-19 Related Measures Act, SBC 2020, c. 8. The COVID-19 Related Measures Act was adopted to […]
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Claiming Privilege Over Records of Closed Meetings of Council

Written by: David Giroday

June 21, 2021Legal Updates
In McGraw v. Southgate (Township), 2021 ONSC 2785 the Ontario Superior Court of Justice considered the appropriateness of disclosing a recording of a closed council meeting. The disclosure was sought in a wrongful dismissal suit brought by a former employee of the Township and the recording contained discussions related to the Township’s decision to terminate […]
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SMS YouTube Channel

Written by: SMS Lawyers

June 16, 2021Announcements
Stewart McDannold Stuart has created a video channel, where we will periodically post videos on topics of interest to our local government clients. You can access our channel here.
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