New COVID-19 Restrictions in British Columbia Affecting Employers

Written by: Rekha Parmar

November 20, 2020COVID-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

Written by: Josh Krusell

October 19, 2020Legal 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

October 8, 2020Announcements
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

Written by: Andrew Buckley

August 21, 2020Legal 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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Won’t you be my neighbour?

Written by: Andie Britton-Foster

August 18, 2020Legal 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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Employment Standards Act Temporary COVID-19 Layoff Provision Extended

Written by: Rekha Parmar

June 26, 2020COVID-19 Legal Updates
In the context of the novel coronavirus, employers in British Columbia, including local governments, have been increasingly faced with difficult decisions relating to contracts of employment. Employers are contending with the need to balance their obligations towards employees with the practical and financial realities of maintaining operations. In the present circumstances, employers are therefore increasingly […]
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New Local Government Meetings and Bylaw Process Order (MO192)

Written by: Rekha Parmar

June 19, 2020COVID-19 Legal Updates
On June 17, the Minister of Public Safety and Solicitor General issued a new order under the Emergency Program Act relating to local government meetings and timing requirements for bylaw passage, with the intent of moving local governments toward more normal operations. Ministerial Order 192 (which can be found here) repeals and replaces MO139. While […]
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WorkSafeBC requires all employers to develop a COVID-19 Safety Plan

Written by: Rekha Parmar

Worker safety has been at the forefront of the operational concerns raised by employers in the context of the COVID-19 pandemic. As the province implements its Return Plan and workplaces, including local governments, cautiously reopen their doors, there is an urgent public health interest in preventing the spread of coronavirus. To this end, WorkSafeBC has […]
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Damages Claim Relating to a Zoning Error Dismissed for Failing to Establish a Private Law Duty of Care Where Only a Public Duty Existed

Written by: Jeff Locke, Josh Krusell

May 20, 2020Legal Updates
The BC Supreme Court recently dismissed an action brought against the Regional District of Okanagan-Similkameen (the “RDOS”) by a land owner and developer seeking lost profits and other damages relating to the alleged frustration of his attempts to move forward with a planned large-scale development. Jeff Locke and Josh Krusell of Stewart McDannold Stuart successfully […]
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New Local Government Finance (COVID-19) Order

Written by: Rekha Parmar

On May 15, the Minister of Public Safety and Solicitor General issued a new order under the Emergency Program Act that relates to local government financial matters affected by COVID-19. Borrowing from Reserve Funds The order states that municipalities, regional districts, improvement districts, and other specified bodies may, during the 2020 calendar year, borrow from […]
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