Recent Decisions from the Court of Appeal with Respect to Restrictive Covenants
2021-10-18Legal 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
2021-10-18Legal 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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2021-08-31Bulletins
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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2021-08-19Legal 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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2021-08-04Announcements
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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2021-07-21COVID-19 Legal Updates, Legal Updates
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
2021-06-21Legal 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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2021-06-16Announcements
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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2021-06-14Announcements
Stewart McDannold Stuart is glad to be participating in this year’s virtual Annual LGMA Conference: Harnessing Momentum, Steering Through Change.
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Municipal Liability for Negligent Building Inspection and How to Manage Risk
2021-03-26Legal Updates
A decision of the Ontario Superior Court from January 2021 highlights the serious financial risk to municipalities that regulate building construction and provides an opportunity for re-visiting best practices for managing such risk.
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