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

2021-03-02Legal 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

2021-02-16Legal 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

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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Campaign Contributions from Developers with “In-Stream” Development Applications held not to Create a Conflict of Interest.

Written by: Andrew Buckley

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

Written by: SMS Lawyers

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

Written by: SMS Lawyers

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

Written by: David Giroday

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

Written by: Rekha Parmar

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

Written by: Josh Krusell

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

Written by: SMS Lawyers

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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