2021 LGMA Annual Conference

Written by: SMS Lawyers

June 14, 2021Announcements
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

Written by: Josh Krusell

March 26, 2021Legal 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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Court says Local Governments Cannot Regulate within the Province’s Exclusive Jurisdiction over Mining

Written by: Jessica Eastwood

March 5, 2021Legal Updates
In the recent decision of O.K. Industries Ltd. v District of Highlands, 2021 BCSC 81, the BC Supreme Court reaffirmed that the Province has exclusive jurisdiction over “mines” and “mining activities” as each are defined in the Mines Act, RSBC 1996, c. 293. This decision is important for local governments as it confirms that in […]
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Snow and Ice Clearing Bylaws Do Not Make Adjacent Private Property Owners Liable to Slip-and-Fall Claimants but May Insulate Local Governments

Written by: Josh Krusell

March 2, 2021Legal Updates
Many local governments in B.C. have adopted bylaws that require property owners to clear snow and ice from the sidewalks adjacent to their properties. Questions have been raised whether the imposition of this responsibility in a bylaw also makes the property owner legally liable in negligence if a person were to be injured after slipping […]
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Private Property Rights, the Common Law and Land Use Regulation

Written by: Heidi Boudreau

February 16, 2021Legal Updates
On January 22, 2021, the BC Court of Appeal issued its judgment in Fonseca v Gabriola Island Local Trust Committee, 2021 BCCA 27, which overturned the trial decision from 2018.
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Amendments to the Environmental Management Act and Contaminated Sites Regulation: the Local Government Perspective

Written by: David Giroday, Andrew Buckley

January 27, 2021Legal Updates
On February 1, 2021, several significant amendments to the Environmental Management Act, SBC 2003, c 53 (the “Act”) will come into force and which will result in a substantial overhaul of the Contaminated Sites Regulation, BC Reg 375/96 (the “CSR”). These changes reflect the efforts of the Province to streamline and clarify the process for […]
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Campaign Contributions from Developers with “In-Stream” Development Applications held not to Create a Conflict of Interest.

Written by: Andrew Buckley

January 20, 2021Legal Updates
In Reasons for Judgement issued January 8, 2021 in Allan v Froese, 2021 BCSC 28 [Allan], the BC Supreme Court upheld the long-standing principle that the acceptance of a campaign contribution from a developer to an elected local government official does not establish that the official has a monetary interest in that developer’s matters before […]
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Season’s Greetings from Stewart McDannold Stuart

Written by: SMS Lawyers

December 24, 2020Announcements
From all of 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 support of Victoria’s Sandy Merriman House, which has been providing shelter and support for women […]
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David Giroday Joins Stewart McDannold Stuart

Written by: SMS Lawyers

December 10, 2020Announcements
Stewart McDannold Stuart is pleased to welcome our newest associate, David Giroday. David is a graduate of the University of Windsor law school, and was called to the bar in 2019 after completing his articles with a well known law firm in Vancouver. David will be working with our litigation group providing services to our […]
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The Limitation Defence in the Public Authorities Context: A Tool for Disposing of Claims Summarily

Written by: David Giroday

November 30, 2020Legal Updates
The civic functions performed by many public authorities put their employees in routine contact with members of the public. As can be expected, their public-facing nature will consequently make these public bodies and their employees the target of some frivolous litigation. The finite time and financial resources available to address these nuisance claims are an […]
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