2021-01-27Legal 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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2021-01-20Legal 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
2020-12-24Announcements
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
2020-12-10Announcements
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
2020-11-30Legal 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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New COVID-19 Restrictions in British Columbia Affecting Employers
2020-11-20COVID-19 Legal Updates
On November 19, 2020, pursuant to the province’s ongoing state of emergency relating to the COVID-19 pandemic, the provincial government announced new province-wide restrictions by order of the Provincial Health Officer, many of which affect employers, including local governments. COVID-19 Safety Plans: Most notably, employers are being asked to review their COVID-19 Safety Plans. We […]
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Surrey not Responsible for Tree Fallen on a Car Due to Policy Defence
2020-10-19Legal Updates
A claim against the City of Surrey recently came before the B.C. Civil Resolution Tribunal for the relatively modest amount of $5,000, but the decision of the Tribunal is nevertheless illustrative of the power of the policy immunity defence for local governments facing claims of negligence.
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2020 LGMA Corporate Officers Forum
2020-10-08Announcements
Kathryn Stuart will be attending the LGMA Corporate Officers Forum. On October 8th, she will be presenting a session on Ethics and the Law.
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Supreme Court of Canada Greenlights Appeal of Municipal Snow Clearing Case
2020-08-21Legal Updates
On August 20, 2020, the Supreme Court of Canada granted leave to hear a future appeal in the matter of Marchi v. City of Nelson. This case arose from an incident in Nelson, BC in January 2015. The City was experiencing a heavy snowfall and on the early morning of January 5 sent out City […]
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2020-08-18Legal Updates
The recent decision of Pellegrin v. Wheeldon, 2020 BCPC 143 reads as an “instructable” on neighbourly nuisances. In Judge Catherine Crockett’s judgment she reviews a lengthy history of behaviour between neighbours that would make Mr. Rogers shudder. Judge Crockett uses this decision as an opportunity to give a lesson on the torts of nuisance and […]
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