Associate
Jacob Gehlen
Biography
Jacob Gehlen is an associate in our litigation group. He holds a Bachelor of Arts degree from McGill University and received his Juris Doctor degree from the University of Toronto in 2017.
Jacob relocated to Victoria and joined SMS in 2025 to serve local governments across BC. Prior to joining the firm, Jacob completed his articles and practiced as a civil litigator in Vancouver starting in 2018. He has extensive litigation experience across diverse areas of practice, including insurance defence, environmental law, commercial litigation, regulatory law, construction law, and defamation. He has appeared as lead counsel at all levels of court in British Columbia and his past experiences greatly assist his current practice in representing local governemnts.
Outside of the office, Jacob enjoys cooking, eating, and being rather poor at surfing but enjoying it anyway.
Latest News & Insights
June 25, 2025Legal Updates
In Telus Communications Inc. v. Federation of Canadian Municipalities, 2025 SCC 15 (“Telus”) the Supreme Court of Canada considered whether the Canadian Radio-television and Telecommunications Commission (CRTC) has the authority to grant telecommunications carriers access to install modern wireless infrastructure, specifically, 5G small cell antennas, on public lands without local government consent. The court concluded […]
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June 17, 2025Announcements
Stewart McDannold Stuart has rebranded as SMS LAW – a move that reflects our continued investment in serving our clients’ evolving needs and staying at the forefront of legal practice. While we will retain our full name, we will proudly operate going forward as SMS LAW. SMS is devoted to providing legal services to local […]
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June 17, 2025Legal Updates
In Hill v Herd, 2025 BCCA 173, the BC Court of Appeal provided important clarification on the legal test to apply when determining the appropriate remedy where a continuing nuisance is established. The decision has significant implications for private litigants and local governments alike, particularly where service delivery or lawful operations intersect with residential enjoyment. […]
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June 10, 2025Legal Updates
On April 22, 2025, Justice Schabas of the Ontario Superior Court granted an interim injunction restraining section 195.6 of the Ontario Provincial Government’s recently amended Highway Traffic Act, SRO 1990 c. H.8 (The “HTA”) from being implemented in the decision of Cycle Toronto et al v Attorney General of Ontario et al, 2025 ONSC 2424 […]
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January 23, 2025Lawyers
Jacob Gehlen has joined SMS as an associate in its Litigation group. Jacob was called to the B.C. Bar in 2016 and has spent his career conducting high-level civil litigation with leading firms in Vancouver. Jacob earned his law degree from the University of Toronto after obtaining an undergraduate degree at McGill University. We are […]
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December 23, 2024Announcements
From all 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. Please note that our office will be closed from December 25th to 27th.
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November 19, 2024Legal Updates
The recent decision of Armstrong v. District of North Saanich, 2024 BCSC 1844 involved the District of North Saanich finding itself in the middle of a neighbour dispute. It is an important decision in confirming that the courts cannot and will not interfere with local government decisions so long as the local government can demonstrate it […]
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September 26, 2024Legal Updates
At 10:00 am on October 7, 2024, municipal tax collectors across British Columbia will conduct the statutorily mandated annual tax sale for 2024. Properties with delinquent property tax accounts, which are those with three years of unpaid property taxes, will be sold to the highest bidder above the “upset price.” The upset price is the […]
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September 3, 2024Legal Updates
On June 17, 2024, in the judgment of R v Reid, 2024 BCSC 1044, Madam Justice Sharma of the British Columbia Supreme Court released her decision on what, at first blush, appears to be an undeniably odd question under appeal: is a guinea fowl a “fowl” for the purposes of Vancouver’s Animal Control Bylaw 9150 […]
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July 25, 2024Legal Updates
In the recent decision Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285, the Honourable Madam Justice Hardwick held that local governments do not owe procedural fairness rights to property owners when charging them latecomer fees.
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July 23, 2024Legal Updates
In the recent decision of St. John’s (City) v. Lynch, 2024 SCC 17, the Supreme Court of Canada clarified the law on constructive expropriation. The Court examined how zoning and land use regulations impact the compensation owed to a property owner for expropriation.
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July 12, 2024Lawyers
Amelia (Mel) van Fram has joined SMS as an associate on both the litigation and solicitor teams, after having completed her articles here. Mel received her Juris Doctor from the University of Victoria and was recently called to the B.C. Bar. We are excited to officially welcome Mel to the team.
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June 4, 2024Legal Updates
In the recent decision of Sunshine Coast (Regional District) v. Vanderhaeghe, 2024 BCCA 169 (“Vanderhaeghe”), a development permit issued based on a mistaken interpretation of a non-conforming use provision of the Local Government Act (the “LGA”) implicitly granted a homeowner a development variance permit.
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June 4, 2024Lawyers
Marshall Putnam has joined SMS as a litigation associate. Prior to joining us, Marshall practiced in Kamloops, B.C. in the area of Charter litigation, constitutional challenges, and tortious claims. He recently earned his Master of Laws degree from University of Edinburgh after previously receiving his Juris Doctor degree from University of Calgary. We are excited […]
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April 18, 2024Lawyers
Matt McCarthy has joined SMS as a litigation associate. Prior to joining us Matt worked at a leading regional firm in its Calgary office. Matt received his Juris Doctor from the University of Alberta, and and has recently transferred to the B.C. Bar. We are excited to have Matt join our team.
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March 6, 2024Legal Updates
In Fahr v Schnitzer Steel Canada Ltd., 2024 BCSC 296, the BC Supreme Court affirms that municipalities are not required to enforce bylaws so long as their decision to not undertake enforcement is done in good faith.This decision follows the Court’s prior decisions in Suncourt Homes (2019 BCSC 2258) and Lebourdais (2022 BCSC 281). Specifically, […]
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February 16, 2024Lawyers
Stewart McDannold Stuart is pleased to welcome our newest associate, Kyle Falk-Varcoe. Kyle is a graduate of the University of Victoria and was called to the bar in 2022 before working at a leading national firm in Vancouver. Kyle is relocating back to Vancouver Island and will be working with our solicitors group providing services […]
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January 16, 2024Legal Updates
In the recent case of R. v. Greater Sudbury (City), 2023 SCC 28 (“Sudbury”), the Supreme Court of Canada expanded the legal duties and potential liability of “employers” under occupational health and safety (“OHS”) legislation to owners of construction projects. As a decision of the highest court in Canada, Sudbury could have significant implications for […]
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December 20, 2023Announcements
From all 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.
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November 28, 2023Legal Updates
In the late 1990s, the Province of British Columbia introduced substantial updates to its local government enabling legislation with a series of amendments to the Municipal Act, then the lengthiest statute in the province. First, the Municipal Act was renamed as the Local Government Act. Next, the Legislature enacted the Community Charter as the core […]
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September 8, 2023Legal Updates
A recent decision of the BC Court of Appeal affirms a local government’s authority to act quickly and in good faith to forestall development via downzoning of lands, and it clarifies the doctrine of “commitment to use” in respect of claims of an owner that it has already established a lawful non-conforming use. In Onni […]
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June 15, 2023Uncategorized
Ryan Bortolin, Jessica Eastwood and Jeff Locke will be presenting at the LGMA conference being held in Nanaimo from June 13 to June 15. Ryan and Jessica will be providing a legal update on June 15, and Jeff will also be presenting on June 15, on the topic “Supporting Your Decisions: Essentials and Strategies for […]
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February 15, 2023Uncategorized
On February 15, 2023 Ryan Bortolin will be presenting on “Local Government Law 101” at the Local Government Leadership Academy in Nanaimo BC. The basis of his presentation will be the “Guide for Municipal Council Members and Regional District Directors in British Columbia”, a copy of which can be found here.
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January 31, 2023Announcements
On March 10, 2023 Peter Johnson will be participating in this year’s PBLI conference on local government law, and will be presenting on the topic: “Provincial Overrides and Strong Mayors: Limits on Municipal Council Powers”. You can find the PBLI website here.
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December 22, 2022Announcements
From all 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 to Cool Aid Society on behalf of Sandy Merriman House.
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December 19, 2022Legal Updates
Recently, the B.C. Supreme Court denied a judicial review petition challenging the approval of a re-zoning application for an apartment complex. In Penticton Society for Transparent Governance and Responsible Development v Penticton (City), 2022 BCSC 2111, the Petitioner alleged that the City had effectively created a new, non-existent land use zone when it approved an […]
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November 25, 2022Legal Updates
The BC government has introduced Bill 43 – 2022, the “Housing Supply Act” to the legislature, with the stated intention of providing “a framework for housing targets to be established for specified municipalities, and for the minister or Lieutenant Governor in Council to take certain actions if housing targets are not met.” The proposed legislation […]
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October 28, 2022Legal Updates
Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 The Supreme Court of Canada has issued a decision coming out of the province of Nova Scotia which broadens the basis upon which a local government may be held liable for “constructive taking” of private lands.
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September 20, 2022Legal Updates
Local governments, like other public bodies and officials, are required by legislation to perform specific public duties and responsibilities. If these “public law duties” are not conducted correctly, this may be grounds for finding that the decision or action was improper, and a court may send the matter back for reconsideration. However, it does not […]
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September 19, 2022Legal Updates
Kaps v City of Surrey, 2022 BCSC 1191 (“Kaps“) is a recent decision of the BC Supreme Court which highlights the importance of ensuring that prohibitions in a sign bylaw are clear and concise in meaning so as to avoid infringing the constitutional protection for freedom of expression. The Kaps decision also reiterated the evidentiary […]
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June 28, 2022Legal Updates
The BC Supreme Court recently added to the volume of caselaw regarding the procedural fairness requirements that are applied in reviewing decisions of municipal governments.
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June 28, 2022Legal Updates
SMS was pleased to attend and present at the 2022 LGMA Conference in Penticton. Please see our special edition SMS Newsletter that we prepared for the conference.
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June 21, 2022Announcements
Ryan Bortolin and Heidi Boudreau will be presenting at the upcoming LGMA conference being held in Penticton from June 21 to June 23, 2022. They will be presenting a Legal Update presentation on June 23.
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June 21, 2022Legal Updates
How should a council or board respond when one of its members has engaged in inappropriate or undesirable conduct? What sort of process is required? Controversial social media posts by the mayor, public fallout, and the disciplinary steps council attempted to take in response, are at the heart of the BC Supreme Court’s recent ruling […]
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March 17, 2022Announcements
The Pacific Business and Law Institute’s annual local government law program is scheduled for April 8. Peter Johnson will be presenting on the subject of Climate Change and Emergency Measures. More information about the conference is available here: https://www.pbli.com/locgov22
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January 20, 2022Legal Updates
In the recent decision of Rosewall v. Sechelt (District of), 2022 BCSC 20, Justice Gomery of the BC Supreme Court has found the Province liable in nuisance arising from circumstances related to the exercise of statutory authority contained in the Emergency Program Act (“EPA“). In his decision, Justice Gomery concluded that the EPA contemplates an emergency as […]
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December 23, 2021Announcements
Our office will be closed December 24, 27, and 28. We will be open December 29, 30 and 31.
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December 23, 2021Announcements
From all 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 to Cool Aid Society on behalf of Sandy Merriman House.
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November 16, 2021Legal Updates
The BC Supreme Court has released reasons in Anderson v Strathcona Regional District, 2021 BCSC 1800 [Anderson] which provides an excellent example of the Court applying the reasonableness standard of review, as recently re-articulated by the Supreme Court of Canada in Vavilov, to decisions of a local government.
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November 10, 2021Announcements
Stewart McDannold Stuart is pleased to announce that Josh Krusell will become a partner of the firm as of January 1, 2022. Josh attended law school at UVic, and started his legal career in Ontario with a large national firm before joining SMS as an associate early in 2018. Josh has a proven track record […]
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October 29, 2021Legal Updates
This month the Supreme Court of Canada (SCC) released its judgment in Nelson (City) v Marchi, 2021 SCC 4. The decision provides greater clarity on how to identify and assess “core policy decisions” of local governments. This is an important decision impacting on the availability of the “policy immunity defence”, of which all local governments […]
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October 26, 2021Announcements
Kathryn Stuart will be presenting at the LGMA Corporate Officers Virtual Forum. On October 29th, she will be presenting a session on “The Ins and Outs of Committees and Commissions.”
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October 18, 2021Legal 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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October 18, 2021Legal 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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August 31, 2021Bulletins
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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August 19, 2021Legal 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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August 4, 2021Announcements
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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July 21, 2021COVID-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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June 21, 2021Legal 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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June 16, 2021Announcements
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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June 4, 2020COVID-19 Legal Updates
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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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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May 20, 2020COVID-19 Legal Updates
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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May 14, 2020Legal Updates
The B.C. Supreme Court recently dismissed a judicial review petition challenging the validity of a Town of Gibsons zoning bylaw amendment on grounds that it conflicted with the Official Community Plan (OCP) by allowing for a new high-density residential development in Gibsons.
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May 6, 2020Legal Updates
Last year, the Supreme Court of Canada in the decision of Canada (Minister of Immigration) v Vavilov, 2019 SCC 65 (“Vavilov”), revised the test for determining the applicable standard of review in judicial review decisions. Following Vavilov, the default standard of review is reasonableness, subject to a few very specific exceptions. For a more detailed […]
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May 5, 2020COVID-19 Legal Updates
On May 1, 2020 the Minister of Public Safety and Solicitor General issued the Local Government Meetings and Bylaw Process (COVID-19) Order No. 2. Ministerial Order No. 83/2020 (as referred to in our March 26, 2020 post) is repealed. The new Order continues and expands upon the provisions of Ministerial Order 83/2020, by providing that […]
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April 27, 2020Legal Updates
Recently, in Nelson v British Columbia (Environment), 2020 BCSC 479 (“Nelson”), the BC Supreme Court examined and ultimately approved a broad exclusion of liability clause contained in a restrictive covenant registered on title to property pursuant to section 219 of the Land Title Act, RSBC 1996, c. 250 (the “LTA”). Under the LTA, an Approving […]
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April 9, 2020COVID-19 Legal Updates
Under section 234 of the Community Charter, July 2 is the date on which property taxes for a year are due under the general tax collection scheme. The Municipal Tax Regulation provides that if all or part of the property taxes payable under the general tax collection scheme remain unpaid after July 2, the collector […]
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April 8, 2020COVID-19 Legal Updates
On April 8, 2020, the Minister of Public Safety and Solicitor General made Ministerial Order MO98 pursuant to the Emergency Program Act, titled the Limitation Periods (COVID-19) Order No. 2. This Ministerial Order replaces MO86 made on March 26, 2020. The new Ministerial Order continues to suspend all mandatory limitation periods and any other mandatory time periods […]
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April 8, 2020Legal Updates
As addressed in a previous post, in December 2019, the Supreme Court of Canada released its decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 [Vavilov] which introduced a new test for the determination of the applicable standard of review of administrative decisions and revised the framework for conducting reasonableness review.
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April 3, 2020COVID-19 Legal Updates
On April 2, 2020, the Minister of Public Safety and Solicitor General made Ministerial Order M094 pursuant to the Emergency Program Act, RSBC 1996, c. 111, titled Protection Against Liability (COVID-19) Order. Order M094 will remain in effect until the declaration of a state of emergency expires or is cancelled, or if extended, until the […]
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April 3, 2020COVID-19 Legal Updates
As we have previously noted on this page, on March 26, 2020 the Minister of Public Safety and Solicitor General issued Ministerial Order No. M082, which requires local authorities, to the greatest extent possible without unduly compromising any other bylaw enforcement objectives of the local authority, to ensure that their Bylaw Enforcement Officers provide assistance […]
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March 27, 2020COVID-19 Legal Updates
On March 26, 2020, the Minister of Citizens’ Services made Ministerial Order No. M085 pursuant to section 33.1(3) of the Freedom of Information and Protection of Privacy Act (“FIPPA”). Order M085 will remain in effect until June 30, 2020 unless rescinded by the Minister before that date.
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March 27, 2020COVID-19 Legal Updates
On March 26, 2020, the Minister of Public Safety and Solicitor General made Ministerial Order M086 pursuant to the Emergency Program Act, titled the Limitation Periods (COVID-19) Order. This Ministerial Order reflects the significant impact the COVID-19 pandemic has had on all aspects of society, including legal proceedings. This Order acknowledges that it may not be […]
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March 26, 2020COVID-19 Legal Updates
On March 23, 2020, in the face of the COVID-19 pandemic, British Columbia made two amendments to its Employment Standards Act, RSBC 1996, c 113 (the “ESA”) in order to protect employees affected by illness or injury. Local governments employ workers in a number of respects, and many of those individuals will likely be entitled […]
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March 26, 2020COVID-19 Legal Updates
The Minister of Public Safety and Solicitor General has now made three Ministerial Orders pursuant to the Emergency Program Act. The following is a summary of what each order provides. These Orders apply during the declared state of emergency made on March 18, 2020. The following is a summary of what each Order provides. A […]
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March 25, 2020COVID-19 Legal Updates
While local governments grapple with taking the lead in their communities to best protect the health and safety of their populations they must be careful to ensure that there is a basis of statutory authority for the steps they are taking. Failing to do so could otherwise potentially place elected officials or senior staff at […]
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March 24, 2020COVID-19 Legal Updates
The Minister of Public Safety and Solicitor General declared a state of provincial emergency on March 18, 2020 in response to the COVID-19 pandemic. A number of local governments are now considering whether they should also declare a state of local emergency. The Minister of Municipal Affairs and Housing and the Minister of Public Safety […]
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March 24, 2020COVID-19 Legal Updates
The circumstances surrounding the COVID-19 pandemic may give rise to new challenges pertaining to homeless populations within the jurisdictions of local governments. Although decisions of British Columbia Supreme Court over the last two years have clarified and confirmed that responsibility for homelessness lies with the Province and not with local governments, it is recognized for […]
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March 22, 2020COVID-19 Legal Updates
Notwithstanding the gravity of the crisis which British Columbia and the rest of the world is facing, local governments may find themselves dealing with businesses that choose to ignore the clear directions provided by Provincial public health officials. While it is expected that Provincial authorities will take the lead on enforcing public health orders, local […]
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March 19, 2020COVID-19 Legal Updates
The Provincial Health Officer declared a public health emergency on March 17, 2020. The Declaration is authorized under Part 5 – Emergency Powers of the Public Health Act. Local governments should be aware that during an emergency Part 5 of the Public Health Act applies despite any provision of the Public Health Act or any […]
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March 19, 2020COVID-19 Legal Updates
Local Governments should be aware that under section 83 of the Public Health Act a local government is required to take certain steps when it becomes aware of a health hazard in its jurisdiction including reporting a health hazard to a health officer or taking an action that the local government has authority to take […]
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March 19, 2020COVID-19 Legal Updates
The Reporting Information Affecting Public Health Regulation, B.C. Reg. 167/2018 requires at section 4 that any person in charge of an institution or workplace who has been advised by a Medical Health Officer that a person who is or has been present at the institution or workplace is an infected person must, if requested by […]
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March 17, 2020COVID-19 Legal Updates
As we learn more about the potential impacts of COVID 19, you may be thinking ahead and considering what would happen if a number of elected officials were unable to attend a local government council or board meeting because of illness or self-isolation. Many local governments will have included in their Procedure Bylaws provisions in […]
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March 17, 2020COVID-19 Legal Updates
Due to the risk of an outbreak of COVID 19, the Provincial Health Officer has issued an order under the Public Health Act. The order expressly applies to municipalities and regional districts, as well as other persons and organizations. Persons and organizations subject to the order are prohibited from permitting the gathering of more than […]
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March 16, 2020COVID-19 Legal Updates
COVID-19 is creating multiple and unprecedented issues for British Columbians, including local governments. The number, type, and severity of issues will likely increase in the coming days and weeks. One potential issue that may arise is the effect of a contractor or a local government being unable to perform their obligations under a contract, either […]
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January 31, 2020Legal Updates
Twenty years ago, the Supreme Court of Canada declared in the case of Nanaimo (City) v. Rascal Trucking Ltd.1, that the question of whether a local government was acting within the scope of its authority should be determined on the standard of correctness. Subsequently, the Supreme Court of Canada affirmed that such a question “will […]
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January 31, 2020Announcements
We are pleased to announce that Andrew Buckley has joined Stewart McDannold Stuart as an associate. Andrew is a knowledgeable civil litigator with experience in all levels of court, as well as municipal, environmental and insurance law. Andrew will be working with our litigation group, providing services to our local government clients.
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December 23, 2019Announcements
Our office will be closed on December 27. We will be open on December 24, 30, and 31.
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December 18, 2019Announcements
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 to the BC SPCA Wild Animal Rehabilitation Centre (Wild ARC).
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November 4, 2019Announcements
On November 15, 2019 Kathryn Stuart will be teaching a session in Parksville on administrative law as part of Capilano University’s PADM Course in Municipal Law.
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September 13, 2019Legal Updates
On July 15, 2019, sections of Bill 22, Civil Resolution Tribunal Amendment Act, British Columbia, 2018, c.17 came into force and amended the Civil Resolution Tribunal Act, SBC 2012, c.25 (the “CRTA“) and the Societies Act, SBC 2015, c.18 (the “Societies Act“). The amendments provide the Civil Resolution Tribunal (the “CRT“) with jurisdiction to resolve […]
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August 28, 2019Announcements
Ryan Bortolin will be attending the 2019 TOGLMA Conference, presenting on Rights & Responsibilities of Public Interface Workers. He will be discussing the responsibilities of local government, as a public service industry, to protect both their employees and the public.
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August 28, 2019Announcements
Kathryn Stuart and Peter Johnson are returning to teach the Local Government Law course in the School of Public Administration at the University of Victoria for the Fall 2019 semester. This course provides an analysis of legislation and court decisions applicable to local governments in British Columbia. The course endeavors to provide students with a […]
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August 1, 2019Legal Updates
In 2018, the City of Victoria successfully defended a petition brought by the Canadian Plastic Bag Association to quash the City of Victoria’s Checkout Bag Regulation Bylaw which prohibited businesses from providing customers with single-use plastic checkout bags. The Supreme Court determined that the Bylaw was a regulation of business and even though it may […]
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July 29, 2019Announcements
Kathryn Stuart will be attending the LGMA Corporate Officers Forum in Prince George. On October 3rd, she will be presenting a session on “The Collection and Protection of Personal Information – FIPPA Best Practices”.
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June 7, 2019Announcements
Kathryn Stuart, Peter Johnson and Ryan Bortolin will be attending the LGMA Conference in Vancouver. On June 13, Peter Johnson and Ryan Bortolin will be presenting a session on “Local Government Tools To Address Affordability”. As well, Kathryn Stuart and Ryan Bortolin will be presenting the “2019 Legal Update”. We look forward to celebrating LGMA’s […]
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April 15, 2019Announcements
Jeff Locke and Josh Krusell will the attending the Municipal Insurance Association of B.C.’s annual Risk Management Conference, which is being held in Vancouver from April 16 – 18. Jeff will be presenting a pre-conference workshop entitled “Risk Management for Front Line Staff” on April 16. Jeff will also be participating as a panel member […]
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March 27, 2019Announcements
Peter Johnson and Ryan Bortolin will be attending this years North Central Local Government Management Association Conference in Prince George, from April 10 to 12. Peter and Ryan will be presenting a workshop on contract law and procurement on April 10, and will be presenting a “Legal Update” on April 11. We look forward to […]
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February 4, 2019Legal Updates
Introduction By its January 21, 2019 decision in Wu. V. Vancouver (City), 2019 BCCA 23, the BC Court of Appeal has overturned the 2017 decision of the BC Supreme Court in the case of Wu v. Vancouver (City), 2017 BCSC 2072 and has made important findings as it relates to the limits of legal duties […]
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January 9, 2019Announcements
Stewart McDannold Stuart will be participating in the upcoming 2019 Local Government Leadership Academy’s Elected Officials Seminars. On January 16 and 17, Peter Johnson will be presenting a session on “Current Legal Issues” at the seminar for LGLA members, in Richmond. On February 13 and 14, Kathryn Stuart and Ryan Bortolin will be presenting sessions […]
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December 31, 2018Legal Updates
In two recent decisions, Saanich (District) v Brett, 2018 BCSC 1648 (“Saanich”) and Nanaimo (City) v Courtoreille, 2018 BCSC 1629 (“Nanaimo”), the BC Supreme Court considered local government applications to the Court for pre-trial injunctions to terminate unauthorized homeless encampments. Generally, these cases represent examples of the Court undertaking a balancing of the homeless population’s need for shelter and against the […]
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December 17, 2018Announcements
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 to the BC SPCA Wild Animal Rehabilitation Centre (Wild ARC).
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November 19, 2018Legal Updates
The Village of Chase recently defeated a challenge to the validity of its Property Maintenance Bylaw by local business owners in Chase Discount Auto Sales Ltd. v Waugh, 2018 BCSC 2014. Mr. Justice Grauer of the B.C. Supreme Court dismissed the judicial review petition of the business owners and helpfully summarized the relationship between the […]
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November 16, 2018Announcements
Stewart McDannold Stuart is happy to announce that Ryan Bortolin will become a partner at the firm starting January 1st 2019. Ryan began at SMS as an articled student in 2010 and has shown himself to be a talented lawyer with outstanding legal skills and is a highly valued member of the SMS team. Ryan will continue […]
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November 13, 2018Announcements
As some already know, I will be retiring from the partnership with Stewart McDannold Stuart after 31 years in the practice of law and 30 years since the founding of the firm of Wilson Staples McDannold & Marley, that evolved over time into Stewart McDannold Stuart. It has been a terrific 3 decades. I was […]
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November 7, 2018Legal Updates
In Romegioli v. Langley (Township) 2018 BCSC 1867, the B.C. Supreme Court recently had opportunity to judicially review the decision of a bylaw adjudicator upholding over 500 bylaw infraction notices (with associated fees and costs of approximately $270,000) that had been issued to the petitioner, Mr. Romegioli, relating to the operation of a cannabis dispensary. […]
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October 31, 2018Legal Updates
In 1139652 B.C. Ltd. v Whistler (Resort Municipality), 2018 BCSC 1806, the B.C. Supreme Court recently reviewed a decision of the resort municipality of Whistler denying a property owner’s application for a Development Variance Permit (DVP). The Court upheld the decision, finding that it was reasonable.
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October 31, 2018Legal Updates
In Compagna v. Nanaimo (City), 2018 BCCA 396, the British Columbia Court of Appeal has confirmed an earlier B.C. Supreme Court decision that recognized a building inspector’s discretion to request additional geotechnical reports following subdivision approval, at the building permit stage, as being consistent with the intent of section 56 of the Community Charter. Section […]
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October 22, 2018Announcements
Peter Johnson will be presenting a “legal update” at the upcoming Association of Regional District Planning Managers annual conference, on November 7. The ARDPM annual conference is being held this year on November 6 and 7, in Victoria. Peter will also be speaking at the LGMA Corporate Officers Forum on November 22, on the topic […]
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October 22, 2018Legal Updates
In Columbia Shuswap (Regional District) v Jones, 2018 BCSC 1776 the Columbia Shuswap Regional District (CSRD) recently obtained a judgment from the B.C. Supreme Court granting declaratory and injunctive relief against property owners in a case involving a zoning bylaw enforcement and “home occupation” matter.
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October 4, 2018Legal Updates
Local governments that have zoning regulations in effect over properties adjoining a body of water need to be aware of the British Columbia Supreme Court’s October 1, 2018 decision in Fonseca v Gabriola Island Trust Committee, 2018 BCSC 1684. At issue in the case was a zoning bylaw of the Local Trust Committee that required […]
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October 1, 2018Announcements
Stewart McDannold Stuart’s Election Day Hotline will be available on Saturday, October 20. Our lawyers will be available by telephone from 8am to 8pm to assist our clients’ Chief Election Officers and their staff.
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March 20, 2018Legal Updates
In The Corporation of the City of Victoria v. Zimmerman, 2018 BCSC 321, the City of Victoria obtained a statutory injunction to restrain the permanent moorage of boats in the Gorge Waterway, on the grounds that permanent moorage of boats contravened the City’s zoning bylaw. The respondents challenged the validity of the zoning bylaw, arguing […]
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February 21, 2018Announcements
We are pleased to announce that Josh Krusell has joined Stewart McDannold Stuart as an associate. Josh will be working with our litigation practice group, acting for our local government clients.
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February 2, 2018Announcements
The Municipal Insurance Association of British Columbia is providing members of BC local governments with access to a free 45 minute webinar on the recent BC Supreme Court decision in Wu v. Vancouver (City), on February 20 at 10:00 am. Jeff Locke and Peter Johnson will be sharing their insights about this case, its implications […]
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January 3, 2018Announcements
Colin Stewart and Kathryn Stuart are pleased to have been invited to participate as part of the Knowledge Cafe at the CAO Forum being held in Victoria on February 20-22, 2018.
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December 18, 2017Announcements
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 […]
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December 13, 2017Legal Updates
In Wu v. Vancouver (City) 2017 BCSC 2072, Madam Justice Murray of the BC Supreme Court held that the City of Vancouver owed a duty of care to the plaintiffs, the purchasers of a home in the Shaughnessy area, who had applied for a development permit for the demolition of an existing house and construction […]
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November 1, 2017Announcements
Kathryn Stuart will be teaching a session on administrative law on November 17, as part of Capilano University’s Local Government Law Course.
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November 1, 2017Announcements
The Continuing Legal Education Society of BC is presenting a one day course on planning and development law on November 23, at the Pan Pacific Hotel in Vancouver. Peter Johnson will be participating, and will present a session on Practice Management and Ethics Issues in the Planning and Development Process.
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September 20, 2017Announcements
Michael Hargraves, a partner in our solicitor’s group, is leaving SMS to take on a new role as Municipal Solicitor for the District of Saanich. We have valued Michael’s contributions to the firm and are sorry to see him go, but wish him the best in his new position.
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September 18, 2017Announcements
We are pleased to announce that Andie Britton-Foster, a graduate of the University of Victoria Law School, has joined us for her year of articles.
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September 18, 2017Legal Updates
Here is a link to our post from last year concerning the annual municipal tax sale: The Annual Tax Sale Approaches!
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June 27, 2017Announcements
Stewart McDannold Stewart is a mid-sized law firm located in Victoria, B.C., providing a full range of legal services to local governments throughout the Province for more than 25 years. We pride ourselves on providing an exceptional level of service to our clients.
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May 14, 2017Legal Updates
The Building Act General Regulation was amended in February of this year and again in April, and the changes further clarify the impact that the Building Act will have on local government jurisdiction.
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May 14, 2017Legal Updates
Administrative tribunals are decision-making bodies that are part of the system of justice in Canada, and the decisions they make can have significant impacts on local governments. The British Columbia Court of Appeal’s recent ruling, Burnaby (City) v Trans Mountain Pipeline ULC, 2017 BCCA 132, confirms that, when interpreting and applying their enabling statutes, certain […]
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May 14, 2017Announcements
The Local Government Management Association annual conference is scheduled for May 16 to 18 in Penticton. If you’re planning to attend, you won’t want to miss the following sessions. On May 17, Jeff Locke will be presenting “Managing Public Expectation in the Event of a Claim”, with Sherman Chow of the Municipal Insurance Association of […]
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February 21, 2017Bulletins, Legal Updates
In the case of Abbotsford (City) v. Mary Jane’s Glass & Gifts Ltd., the Supreme Court of British Columbia granted two declarations sought by the City of Abbotsford, and ruled that the operators of Mary Jane’s Glass & Gifts Ltd. were in breach of the City of Abbotsford’s Business License Bylaw and Zoning Bylaw. Further, […]
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February 14, 2017Announcements
Stewart McDannold Stuart is pleased to announce that Trevor Morley has joined the firm. Trevor has demonstrated his effectiveness as counsel in all levels of court in the Province, and will be working with our litigation practice group, providing services to our local government clients.
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February 7, 2017Announcements
We are very pleased to announce that Jeff Locke has joined Stewart McDannold Stuart as Associate Counsel. Jeff is widely regarded as a leading local government lawyer in the Province, and has established a sterling reputation as a highly effective litigator for municipalities and regional districts. Jeff will continue to provide legal counsel and litigation […]
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January 19, 2017Legal Updates
In reasons released January 5, 2017, Justice Rogers of the BC Supreme Court found that a failure by a School District to hold a second advance poll in a school trustee by-election did not materially affect the outcome of the election.
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January 11, 2017Legal Updates
The lakes, rivers and ocean shores of British Columbia are undoubtedly beautiful but the complex regulatory and legal regime that governs these bodies of water can create real uncertainty for local governments seeking to understand the extent to which they may exercise their zoning powers over land covered by water and structures erected within water.
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December 22, 2016Announcements
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 to Victoria’s Sandy Merriman House, which has been providing shelter and support for […]
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November 10, 2016Legal Updates
In a recent decision, the BC Supreme Court confirmed that on-going development projects commenced before the enactment of an Official Community Plan are not exempt from the requirements of that OCP, nor will they be protected by the “legal non-conforming” provisions of the Local Government Act. The case of Columbia Shuswap (Regional District) v Darnell, […]
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October 19, 2016Legal Updates
Local governments that are involved in or have incorporated societies should be aware that the new Societies Act, SBC 2015, c. 18 comes into force on November 28, 2016. The new Act modernizes how societies are established and governed, bringing them more closely into line with for-profit business corporations.
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October 18, 2016Announcements
Colin Stewart and Madelaine Campbell will be presenting “Council Codes of Conduct – The Ethical Issues / Legal Update” at this year’s LGMA Vancouver Island Chapter annual conference. This year, the conference will be hosted by Campbell River and held at the Campbell River Maritime Heritage Centre. Colin and Madelaine will present on November 17th […]
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October 18, 2016Announcements
Michael Hargraves and Ryan Bortolin will be giving two presentations at the Building Officials Association of BC conference in Richmond, BC, on November 17, 2016. The topics of the presentations are “Legal Cases Involving Building Permits and Inspections” and “Regulation of Marihuana Dispensaries”.
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October 11, 2016Announcements
On October 27, Peter Johnson will be presenting a session on Signing Authority at the LGMA Clerks and Corporate Officers Forum, which is being held this year in Parksville.
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September 20, 2016Legal Updates
In September 2015 we posted a summary of the tax sale provisions of the Local Government Act. Because of the coming into force of the revised Local Government Act earlier this year, we are reproducing that article in full, with the section references updated to the Local Government Act, S.B.C. 2015, c. 1. The tax […]
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September 20, 2016Legal Updates
This past June, the provincial government enacted the Building Act General Regulation, B.C. Reg. 131/2016 (the “Building Act Regulation”), providing some clarity with respect to two important elements of the new Building Act, S.B.C. 2015, c.2 (the “Building Act”).
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September 19, 2016Legal Updates
Although the federal government is studying the legalization of marihuana, with the announced intention of introducing legislation sometime in 2017, the sale of cannabis products outside of the framework provided through the Access to Cannabis for Medical Purposes Regulations remains illegal under Canada’s Controlled Drugs and Substances Act. Even so, storefront cannabis dispensaries continue to […]
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September 19, 2016Legal Updates
On August 24, 2016, the federal government repealed the Marihuana for Medical Purposes Regulations (MMPR) and replaced them with a new set of regulations entitled the “Access to Cannabis for Medical Purposes Regulations” (ACMPR). The MMPR allowed for the issuance of federal licences permitting the commercial production and distribution of marihuana for medical purposes. It […]
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September 19, 2016Legal Updates
In the recent case of Kazemi v. North Vancouver (City), 2016 BCSC 1240, the BC Supreme Courrt dismissed a personal injury claim against the municipality as a result of the plaintiff’s failure to give notice within the two-month period required under the Local Government Act.
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September 19, 2016Announcements
The partners at Stewart McDannold Stuart will be attending the annual convention of the Union of British Columbia Municipalities next week. We welcome all participants to our beautiful home town of Victoria. As in years past we are proud to sponsor the UBCM Daily News. We look forward to meeting with our clients and colleagues […]
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July 28, 2016Announcements
Michael Hargraves will be presenting a legal update at this year’s TOLGMA conference, being held at Silver Star Resort in Vernon from September 14-16. Michael’s presentation will be on Friday, September 16, and he hopes to see you there.
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July 13, 2016Legal Updates
On July 5, 2016, the Honourable Chief Justice Hinkson released his decision in British Columbia v. Adamson, 2016 BCSC 1245, following a renewed application by the Province for an interim injunction to end the “Tent City” encampment beside the Victoria Courthouse. Chief Justice Hinkson found in favour of the Province, ordering the dismantling of the […]
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June 22, 2016Legal Updates
The Supreme Court of Canada’s most recent decision on the division of federal and provincial powers helps clarify the extent to which local governments can control the locations of cell phone antennas and other radiocommunication infrastructure within their borders. In Rogers Communications Inc. v Châteauguay (City), 2016 SCC 23 (“Rogers”), the Court found that, because […]
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June 14, 2016Legal Updates
Section 56 of the Community Charter, which applies not only to municipalities, but also to regional districts by virtue of section 302 of the Local Government Act, has been given some helpful interpretation by a recent decision of the Supreme Court of British Columbia. In Compagna v. Nanaimo (City), 2016 BCSC 1045, the court concluded […]
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June 9, 2016Announcements
The Local Government Management Association annual conference is scheduled for June 21 – 23 in Nanaimo. On Thursday, June 23, Michael Hargraves and Ryan Bortolin will be presenting “Heating Up: The Legal Implications of Climate Change” at 8:00 a.m. and at 10:45 a.m. that day Colin Stewart and Madelaine Campbell will be presenting “Legal Update […]
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June 2, 2016Publications
Competitive Procurement for Local Governments (April 8’16) PJ
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April 26, 2016Legal Updates
Conflict of Interest Exceptions Regulation, B.C. Reg 91/2016 and Conflict of Interest Exceptions Regulation (City of Vancouver) B.C. Reg 93/2016 (the “Conflict of Interest Exceptions Regs”) have been enacted to provide local government elected officials with some relief against the outcome of the decision in the Court of Appeal in Schlenker v Torgrimson, 2013 BCCA […]
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March 1, 2016Announcements
Susan Beach will be presenting on the topic of legal issues in managing workplace performance at the Upper Island Safety Conference on May 31, 2016
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February 29, 2016Announcements
Kristen Morley, an associate with our litigation group, is moving on to a new position. She has taken on a management role at the Capital Regional District. We are sorry to see her go, but wish her the best of luck in her new adventure.
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February 29, 2016Announcements
On May 12, 2016 Colin Stewart will be presenting in Vancouver on the Anatomy of a Subdivision Servicing Bylaw for Continuing Legal Education.
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February 29, 2016Announcements
Kathryn Stuart will be presenting at the Community Care Licensing Officers of BC annual conference in Vancouver on April 15, 2016, on the topic of Administrative Law in the Community Care Licensing context.
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February 29, 2016Announcements
Peter Johnson will be presenting at the North Central LGMA Conference on April 7, 2016, on the topic of competitive procurement requirements for local governments.
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February 4, 2016Legal Updates
In January 2015, the B.C. Supreme Court dismissed a challenge brought by TimberWest against the 2014 City of Campbell River Tax Rates Bylaw. See our post of January 28, 2015 entitled “City of Campbell River Successful Against Challenge to its Tax Rates Bylaw”. In a decision given January 29, 2016, the British Columbia Court of […]
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February 4, 2016Legal Updates
A recent decision by the Supreme Court of British Columbia has reinforced the fact that municipalities are under no obligation to license illegal (albeit popular) businesses in their jurisdictions. In the decision Abbotsford (City) v. Weeds Glass & Gifts Ltd., 2016 BCSC 135, the Court issued an order to the City of Abbotsford granting an […]
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January 5, 2016Announcements
Further to our post of December 7, 2015, the revision of the Local Government Act is now in force, as of January 1, 2016. The citation for the statute is R.S.B.C. 2015, c. 1.
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December 21, 2015Announcements
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 to Victoria’s Sandy Merriman House, which has been providing shelter and support for […]
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December 11, 2015Legal Updates
Introduction: The recent decision of the Ontario Court of Appeal in Ferri v. Ontario, 2015 ONCA 683, has expanded on one of the statutory exceptions to conflict of interest rules for local government officials. Though the Ferri case addresses an exception found in s.4(k) of the Ontario Municipal Conflict of Interest Act, a near identical […]
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December 7, 2015Announcements
Following a process of consolidation and revision of the Local Government Act, a new and updated version of that important statute has been prepared by the Province and is now available to be viewed on the Provincial government website: http://www.cscd.gov.bc.ca/lgd/policy_research/revised_lga.htm A Table of Concordance to find the way from the “old” statute to the “new” […]
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October 27, 2015Legal Updates
The recent decision of the BC Supreme Court in Abbotsford (City) v. Shantz, 2015 BCSC 1909, is yet another indication of how the seemingly intractable problem of homelessness in Canadian society continues to create conflict and costs for local governments. The City of Abbotsford was seeking orders from the Court for a permanent injunction against […]
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October 27, 2015Legal Updates
Section 219 covenants are an essential part of any local government’s land regulation arsenal, and can be especially useful in controlling the development process on properties requiring a great deal of oversight. In a recent case, Natura Developments Ltd. v. Ladysmith (Town), 2015 BCSC 1673, a case argued by Susan Beach of Stewart McDannold Stuart […]
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October 22, 2015Announcements
On November 19, 2015 Susan Beach will be providing a Labour and Employment Law Update for the Vancouver Island LGMA in Nanaimo, BC.
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October 22, 2015Announcements
On November 20, 2015 Colin Stewart and Kathryn Stuart will be in Parksville as instructors for the Capilano University diploma program in local government. Colin Stewart will be addressing conflict of interest and bias and Kathryn Stuart will be presenting a session on administrative law.
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October 21, 2015Announcements
On October 23, 2015 Michael Hargraves and Susan Beach will be presenting sessions in Parksville for the Capilano University diploma program in local government administration as part of the local government law program. Michael Hargraves will be lecturing on real property law and Susan Beach will conduct a session on labour and employment law.
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September 23, 2015Legal Updates
The transition from home delivery to community mailboxes by Canada Post has been making headlines across the country. Many communities, and the local governments that represent them, have expressed opposition to the very concept of the end of home delivery service, and frustration with the manner in which Canada Post is going about the transition. […]
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September 22, 2015Announcements
On October 22, 2015 Colin Stewart will be lecturing in Vancouver for the Pacific Business and Law Institute on Local Governments and Health and Criminal Regulation.
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September 18, 2015Legal Updates
The tax sale provisions of Part 11 of the Local Government Act (“LGA”) provide municipalities with the ultimate property tax collection tool – a forced sale of the property that is subject to tax. As the saying goes, you can’t fight City Hall! However, not only is the annual tax sale a handy tax collection […]
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September 17, 2015Announcements
The partners at Stewart McDannold Stuart will be attending the annual convention of the Union of British Columbia Municipalities next week. As in years past we are proud to sponsor the UBCM Daily News. We look forward to meeting with our clients and colleagues over the course of the convention.
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September 15, 2015Announcements
Madelaine Campbell has joined the solicitor’s department at Stewart McDannold Stuart as our newest associate. Madelaine brings with her valuable experience in planning, development, and local government law, which she gained at a national law firm. She is excited to join the SMS team, and to focus her skills and energy on providing outstanding legal […]
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September 9, 2015Announcements
Kathryn Stuart and Peter Johnson begin teaching the Local Government Law course at the University of Victoria’s School of Public Administration the week of September 7, 2015. This online course offers students an introduction into the legal authority of local governments; basic concepts of administrative law; legal reasoning and how to recognize potential legal problems […]
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September 9, 2015Announcements
Sean Smith, a UVic law student, has joined Stewart McDannold Stuart for a three month term as a law co-op student, having previously worked as a student in a large local government organization. This is a great way for law students to dip their toes into the legal profession (and hopefully not get frightened off!). […]
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July 8, 2015Legal Updates
Most local governments in British Columbia have likely already received a letter from the Province advising of regulatory changes affecting medical marihuana and ALR land. Legislative Changes The Agricultural Land Reserve Use, Subdivision And Procedure Regulation 171/2002 B.C. Reg. 171/2002 was changed effective May 7, 2015 to incorporate medical marihuana production facilities (MMPFs) into the […]
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June 9, 2015Announcements
The Local Government Management Association annual conference is scheduled for June 16 – 19 in Prince George. Colin Stewart will be presenting a legal update on matters of interest to municipalities and regional districts. Susan Beach will be presenting on how to accommodate disabilities in the workforce and reduce liability for human rights complaints. We […]
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June 1, 2015Legal Updates
The BC Legislature has given first reading to Bill 29 – 2015, the Property Taxation (Exemptions) Statutes Amendment Act, 2015 (“Bill 29”). If it becomes law, Bill 29 will repeal and replace the language of subsection 220(1)(l) of the Community Charter, and subsection 15(1)(o) of the Taxation (Rural Area) Act. In its current form, the […]
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May 21, 2015Legal Updates
The recent case of City of Edmonton v. Uber Canada Inc., 2015 ABQB 214 is the latest decision examining whether or not Uber Canada is operating a taxi brokerage business in contravention of local bylaws. In this case, the City of Edmonton argued that Uber was operating in the City without a valid business licence […]
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May 8, 2015Legal Updates
The Supreme Court of Canada recently made national headlines with its decision in the case of Mouvement laïque québécois v. Saguenay (City) 2015 SCC 16. The decision affirms the requirement for state neutrality in matters of religious belief. As a result, it seems there is no place for prayers or other forms of religious observance […]
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May 5, 2015Legal Updates
Financially troubled land conservation organization TLC The Land Conservancy of British Columbia (“TLC”) recently took a significant step forward in its restructuring efforts under the provisions of the Companies’ Creditors Arrangement Act (the “CCAA”). With the overwhelming support of its creditors, both secured and unsecured, TLC brought forward for approval of the British Columbia Supreme […]
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April 15, 2015Legal Updates
Bill 24-2015, the Societies Act, has been given First Reading in the Legislature. This Bill repeals the current Society Act, enacted in 1977, replacing it with something akin to a scaled back and simplified version of the BC Business Corporations Act. Local governments may interact with incorporated societies in a number of ways, including as […]
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April 14, 2015Announcements
On Thursday, April 30, 2015 Susan Beach will be speaking about Privacy Issues in Pandemic Planning at a joint meeting of the Health Law Section and Freedom of Information & Privacy Law Section of the Canadian Bar Association – BC Branch, to be held in Vancouver at the law offices of Harper Grey LLP.
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April 13, 2015Legal Updates
In an October 2013 post, we reported on the Supreme Court of British Columbia decision in Bradshaw v. Victoria (City). In reasons for judgment released January 7, 2015, the Court of Appeal dismissed Mr. Bradshaw’s appeal and for the most part approved the reasons of the chambers judge. For the facts of the case, please […]
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April 10, 2015Legal Updates
The ongoing changes to British Columbia’s liquor laws are continuing with the introduction in the Legislature of Bill 27 – the “Liquor Control and Licensing Act” – which if passed will replace the current statute of the same name.
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March 27, 2015Legal Updates
As an update to our March 9 post about Bill 3, we note that the Building Act received Royal Assent on March 25, 2015.
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March 12, 2015Legal Updates
In recent years, the Provincial Court has been seeking solutions to deal with the challenge of a high volume of court actions and an increasing number of self-represented litigants. The legislature seems to think the solution lies in creating alternate streams of dispute resolution procedures outside the formal court system. In May of 2012 the […]
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March 9, 2015Legal Updates
The BC Legislature has introduced Bill 3 – 2015, the Building Act (“Bill 3”), and has given it first reading. Bill 3 will effect a number of changes to building regulation in the province. The overarching purpose of the legislation, according the Province’s media release, is to promote consistency in the regulation of building throughout […]
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March 9, 2015Announcements
You may have noticed a few changes to our website! We hope you like them.
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February 17, 2015Announcements
On March 27, Colin Stewart will be lecturing in North Vancouver on Conflict of Interest and Bias for the Capilano University diploma program in local government law.
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February 17, 2015Labour / Employment Law
In January the Supreme Court of Canada released three decisions that will have significant impacts upon labour relations across the country.
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January 28, 2015Legal Updates
In a B.C. Supreme Court decision released on January 23, 2015 (2015 BCSC 102), the authority of the City of Campbell River to set different tax rates within the same property class was upheld, and is a decision of importance to local government throughout British Columbia.
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December 3, 2014Announcements
The 2014 edition of the Guide for Municipal Council Members and Regional District Directors is now available on our website. Please click here to view the new Guide.
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December 3, 2014Publications
Guide for Municipal Council Members and Regional Directors in BC214csdw-2
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November 17, 2014Legal Updates
In the recent BC Supreme Court decision Orchiston v. Formosa, 2014 BCSC 1080, the BC Supreme Court has ruled on the interpretation to be given to section 191 of the Community Charter and, in particular, has considered defences available to local government elected officials who may be found to have authorized the expenditure of money […]
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November 17, 2014Announcements
Peter Johnson will be presenting the Electoral Area Directors seminar on January 20, 2015 in Richmond, B.C. Kathryn Stuart will be presenting the Local Government Law 101 seminar on January 28, 2015 in Parksville, B.C. Colin Stewart and Michael Hargraves will be presenting the Local Government Law 101 seminar on January 29, 2015 in Parksville, […]
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October 2, 2014Announcements
Kathryn Stuart and Peter Johnson are currently teaching the Local Government Law course at the School of Public Administration, Faculty of Human & Social Development at the University of Victoria. On November 21, Colin Stewart will be lecturing in Kelowna on Conflict of Interest and Bias for the Capilano University diploma program in local government […]
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September 30, 2014Announcements
Stewart McDannold Stuart’s Election Day Hotline will be available on Saturday, November 15. Our lawyers will be available by telephone from 8am to 8pm to assist our clients’ Chief Election Officers and their staff.
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June 23, 2014Legal Updates
Key provisions of the government of Canada’s new legislation: An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic […]
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May 8, 2014Legal Updates
The B.C Supreme Court recently released its judgment in the case of Atco Lumber Ltd. v. Kootenay Boundary (Regional District), 2014 BCSC 524, and the Court’s decision should prompt every local government in the province to examine its standard statutory right of way documents.
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May 5, 2014Legal Updates
A recent decision of the Ontario Superior Court of Justice, Seguin (Municipality) v. Bak, 2013 ONSC 5788, represents both a win for local government, and a sound application of common sense by the court. The municipality sought an injunction requiring a landowner to demolish a structure built at and over the edge of a lake. […]
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May 5, 2014Legal Updates
In Regehr v. North Vancouver (City), 2014 BCSC 513, the Supreme Court of British Columbia considered a constitutional challenge to bylaw notices issued to a blues-singing busker for contraventions of the City of North Vancouver’s noise bylaw. The Petitioner, Megan Regehr, is a singer known as “Babe Coal” who performs in a North Vancouver civic […]
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May 5, 2014Legal Updates
The Local Elections Campaign Financing Act has been introduced in the Legislature. When it receives Royal Assent, the Act will impact the manner in which candidates record and report their election expenses. It will also create new reporting requirements for sponsors of election advertising, and give increased powers to BC Elections to monitor and enforce […]
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May 5, 2014Legal Updates
Two recent decisions of the BC Supreme Court have raised questions about the purpose and effect of regional growth strategies and the extent to which they actually will serve as a legally enforceable framework for regional planning goals in the face of municipal decision-making.
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May 5, 2014Legal Updates
The statutory authority for land use contracts (as previously authorized under section 702A of the Municipal Act, RSBC 1960, c.255) was repealed by the Municipal Amendment Act, 1977. However, many land use contracts entered into before the repeal of section 702A continue in force, subject to the authority of a local government to amend or […]
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April 30, 2014Announcements
Peter Johnson will be presenting a session on “Water Services and Drinking Water – Key Issues” at the Pacific Business & Law Institute’s “Local Government 2014: Recent Developments and Emerging Issues” seminar, being held on June 9, 2014 in Vancouver. On June 12, 2014 Kathryn Stuart and Colin Stewart will be presenting a session on […]
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January 8, 2014Legal Updates
Many wildlife species, including deer, are attracted to urban areas because of the bountiful food resources we humans make available to them. And while some of us enjoy the sight of a deer or two happily grazing in our back yard, there are concerns in many communities about conflicts between the growing urban deer population […]
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January 8, 2014Legal Updates
Take a drive around any municipality in British Columbia, and in all likelihood you will come across at least one stretch of highway that has never been formally dedicated, whether by subdivision plan, notice in the BC Gazette, or otherwise – but you may not realize it. From behind the windshield, all roads look more […]
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January 8, 2014Labour / Employment Law
Introduction Effective July 1, 2012, the Workers Compensation Act (the “Act”) was expanded in the context of the definition of mental disorders under section 5.1 to include an injury caused by “work-related stressors”, including bullying or harassment. Also, effective November 1, 2013, the Occupational Health and Safety Prevention Manual added new policies regarding the obligations […]
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January 8, 2014Legal Updates
The recent BC Supreme Court decision Society of Fort Langley Residents for Sustainable Development v. Langley (Township), 2013 BCSC 2273 (“Langley”), addresses the issue of how the word “density” is to be interpreted in the land use provisions of the Local Government Act.
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January 8, 2014Legal Updates
In the recent decision Ktunaxa Nation Council v. (British Columbia) Forests, Lands and Natural Resource Operations, 2013 BCSC 1921, Jumbo Glacier Mountain Resort Municipality (the “Municipality”) applied to be joined as a party to an action in which the Ktunaxa was seeking injunctive relief, amongst other things, against the Province. In making its decision, the […]
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January 8, 2014Legal Updates
From time to time, local governments become involved in litigation that may be considered “public interest law”; that is, the answer to the legal question in dispute is unclear and the determination of the matter will serve the public interest in some way. If an important and complicated case should go to court but one […]
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January 2, 2014Announcements
Stewart McDannold Stuart is pleased to announce that Susan L. Beach and Michael J. Hargraves have joined the partnership effective January 1, 2014. Susan Beach is an accomplished litigator and advocate, who has been with SMS for over two years. Susan’s bio can be accessed here. Michael Hargraves joined the solicitors department of SMS in […]
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October 2, 2013Labour / Employment Law
In Part 1 of this 3 part series, we discussed the definition of disability, requesting medical information to determine if there is a disability, and what accommodation may be required. In Part 2, the focus was on the process of accommodation. In this Part 3, we will discuss when the duty to accommodate ends or, […]
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October 1, 2013Legal Updates
The recent case of Bradshaw v. Victoria (City), 2013 BCSC 1710 provides a discussion of sections 879 and 929 of the Local Government Act.
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October 1, 2013Legal Updates
There are times when a local government is compelled to commence a court action to protect public safety. Dangerous dog destruction applications, made pursuant to section 49 of the Community Charter, often fit into this category. Such applications can be hard fought and drawn out by appeal, the result of which can be expensive for […]
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October 1, 2013Legal Updates
If anyone thought that the 2012 decision in Sevin v. Prince George (see LoGo Notebook, Fall 2012) might signal a return by the courts to greater judicial oversight on the question of consistency between an Official Community Plan and a bylaw subsequently adopted by a Board or Council, the recent decision in Higgins v. Quesnel […]
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October 1, 2013Legal Updates
There are many legal issues that local governments have had to wrestle with in the 25 years since this firm was established. One issue that continues to arise is the difference between the power to prohibit and the power to regulate. A recent decision of the British Columbia Court of Appeal illustrates the difficulties that […]
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October 1, 2013Legal Updates
The recent decision of the B.C. Supreme Court in West Kelowna (District) v. Newcombe, 2013 BCSC 1411 (“West Kelowna”), in which the court has upheld a zoning bylaw provision regulating the moorage of boats on Okanagan Lake, provides an occasion to look at the ebb and flow of constitutional law in British Columbia, particularly as […]
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October 1, 2013Legal Updates
In 1964, the year the Beatles released “A Hard Day’s Night”, the Municipal Act of British Columbia was amended to authorize the incorporation of regional districts to enable a form of local government for persons living outside municipal boundaries who wished to have a mechanism to establish services and to allow for land use control […]
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October 1, 2013Legal Updates
As Stewart McDannold Stuart celebrates its 25th anniversary this year, we thought it might be interesting to take a look back at the “evolution” of local government legislation. In 1988, our founding partner Galt Wilson had a paper bound version of the Municipal Act R.S.B.C. 1979, c. 290 on his desk, published by the Queen’s […]
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October 1, 2013Announcements
On August 1, 2013 Stewart McDannold Stuart celebrated its 25th anniversary as a law firm. There have been many changes over the past 25 years. The law has changed and evolved. Members of this firm have changed, some retiring, others moving on to new adventures, new lawyers and support staff joining us. Our clients have […]
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June 12, 2013Legal Updates
What should a local government do when errors in a tendering process are made, or new information comes to light that should have been included in the tender documents? A recent Ontario case, Glenview Iron & Metal Ltd. v. Smiths Falls (Town), 2012 ONSC 5378, discussed the circumstances in which a local government may cancel […]
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June 12, 2013Legal Updates
In the recent Supreme Court of British Columbia case of Butterman v. Richmond (City) 2013 BCSC 432, the Plaintiff brought an action in negligence against the City of Richmond (the “City”) and the Richmond Animal Protection Society (“RAPS”) for failing to enforce City bylaws regarding the management of dangerous dogs. The Plaintiff sought a court […]
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June 12, 2013Legal Updates
Drafting bylaws that are effective and enforceable, while trying to maintain some degree of flexibility to deal with changing circumstances, is a challenging task. It is perhaps an understatement to say that elected officials and the public hold a variety views about what sort of regulation is desirable in their communities, and how much. In […]
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June 12, 2013Legal Updates
Two recent decisions from the Office of the Information & Privacy Commissioner (“OIPC”) are of interest to local government. Once concerns a request for access to information that was considered at a closed council meeting, and was subject to solicitor client privilege. The second decision concerns a request for information about a contract awarded by […]
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June 12, 2013Labour / Employment Law
In Part 1 of this 3 part series we discussed the definition of disability, requesting medical information to determine if there is a disability, and what accommodation may be required. In Part 2 the focus will be on the process of accommodation. In Part 3 we will discuss when the duty to accommodate ends or […]
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March 22, 2013Labour / Employment Law
SMS is pleased to present our new section of the LoGo Newsletter, Employer’s Corner. There are many ways employers and managers can prevent significant and costly claims by employees or former employees. I have practiced in the employment field for over 20 years and assisted a broad range of clients, including employers with over 500 […]
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March 22, 2013Legal Updates
Buck v. Regional District of Nanaimo (2 November, 2012), Victoria Registry No. 12-2289 (B.C.S.C.) This case concerned a challenge to the validity of a conservation covenant registered pursuant to Section 219 of the Land Title Act. In 2005, a land developer subdivided a 178-hectare parcel of land to create a 72-lot subdivision in the area […]
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March 22, 2013Legal Updates
In November, 2012, the BC Court of Appeal released its judgment in the case of Halalt First Nation v. British Columbia, 2012 BCCA 472. The Court of Appeal overturned the decision of the trial judge, who held that the provincial Crown had failed to consult with and accommodate the Halalt First Nation (“HFN”) in connection […]
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March 22, 2013Legal Updates
Magder v. Ford: The Best Defense is Sometimes a Good Offense The Ontario Divisional Court, on appeal from the Ontario Superior Court, has overturned a ruling that found the Mayor of Toronto was disqualified from office for breach of the Ontario Municipal Conflict of Interest Act.
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March 22, 2013Legal Updates
Corporation of the District of Saanich v. Furber et al. 2012 BCSC 1824 This case involved a decision by Saanich to remove a 100-year-old Douglas Fir tree located on a highway boulevard. The tree was infected with a fungus that caused rotting of the roots and core of the tree. The tree outwardly appeared to […]
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March 22, 2013Legal Updates
In its recent decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13, the Supreme Court of Canada has clarified the legal test for determining whether a property owner is entitled to damages for injurious affection resulting from construction of a public project. The Court has ruled that the mere fact a public […]
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January 15, 2013Legal Updates
On January 11, 2013, the Court of Appeal overturned the B.C. Supreme Court decision in Schlenker v. Torgrimson, which had been a decision alleging that members of the Salt Spring Island Local Trust Committee were in conflict because of their participation on the boards of directors of not for profit organizations. Not only did the […]
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December 10, 2012Legal Updates
The deadline for providing notice to owners of properties purchased at this year’s tax sale is fast approaching. Tax sales occur on the last Monday of September. The Local Government Act requires that the collector give written notice of the tax sale and of the redemption period to persons registered in the land title office […]
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September 25, 2012Legal Updates
The B.C. Court of Appeal has upheld the lower court ruling in Neskonlith Indian Band v. Salmon Arm (City). The lower court’s ruling was the topic of our April, 2012 client bulletin. As noted in our client bulletin, the lower court held that the City of Salmon Arm was not under a legal duty to […]
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September 25, 2012Legal Updates
In the recent decision of Sevin v. Prince George (City), the B.C. Supreme Court declared invalid a zoning bylaw amendment that would have allowed a former elementary school in a rural zone to be used as a 30-bed addiction treatment centre. The Supreme Court found that the amendment was inconsistent with the City’s Official Community […]
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September 25, 2012Legal Updates
The new Limitation Act (the “New Act”) will affect many types of claims typically faced by local governments. The biggest changes in the New Act are a shift to a basic limitation period of 2 years for most claims and a reduction in the ultimate limitation period from 30 to 15 years. Before describing the […]
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September 25, 2012Legal Updates
In Okanagan Land Development Corporation v. City of Vernon 2012 BCCA 332, the Court of Appeal overturned the lower court decision which had held a latecomer bylaw to be invalid on the basis that the municipality was not authorized to impose a per unit charge based on future potential development of the benefiting properties, payable […]
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September 25, 2012Legal Updates
The Supreme Court of Canada has recently released its judgment in the case of Halifax (Regional Municipality) v. Canada (Public Works and Government Services), the second in a line of cases decided by the Supreme Court of Canada with respect to the application of the Federal Payments in Lieu of Taxes Act (the “Act”). This […]
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September 25, 2012Legal Updates
The recent British Columbia Supreme Court case of Scory v. Langley (Township) may be of interest to local government. The Plaintiff, Mr. Scory, brought action against the Township for damages allegedly resulting from the Defendant Township delaying the issuance of a building permit through what the Plaintiff claimed was an abuse of public office.
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September 25, 2012Legal Updates
As noted in our client bulletin dated April 2012, respecting the BC Supreme Court decision in Neskonlith Indian Band v. Salmon Arm (City), although local governments may not have a duty to consult and accommodate First Nations that parallels that of the Crown, the Crown’s duty to consult and accommodate remains an important fact of […]
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September 25, 2012Legal Updates
The recent decision of the BC Court of Appeal in Fisher Road Holdings Ltd. v. Cowichan Valley (Regional District) highlights the ongoing challenges faced by local government elected and appointed officials in ensuring a fair public hearing process that can withstand judicial review. The case involved the rezoning of land in the Cowichan Valley owned […]
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May 16, 2012Legal Updates
In the case of William v. Kelowna (City), 2012 BCSC 421, the plaintiff, William, brought an action against the City of Kelowna and one of its employees, O’Reilly, on the basis that the Defendants were negligent in processing a criminal record check and had defamed her by advising her prospective employer of the content of […]
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May 16, 2012Legal Updates
A recent British Columbia Supreme Court case involving the Columbia Shuswap Regional District and a proposed development of a campground on the shore of Shuswap Lake within the Regional District may be of some interest to local government. In MM Project Management Services Inc., Re, 2012 BCSC 47 the owner of the campground lands sought […]
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May 16, 2012Legal Updates
When the interpretation of any bylaw is in question, the court’s task is to determine the intent of the Board or Council, as expressed through the wording of the bylaw. That is not always a straightforward matter. Two recent cases illustrate the approach the courts use when interpreting zoning bylaws: Whistler (Resort Municipality) v. Whistler […]
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May 16, 2012Legal Updates
The Supreme Court of Canada’s recent judgment in the case of Merck Frosst Canada Ltd. v. Canada (Health), 2012 SCC 3 (“Merck”) provides some important guidance and clarification with respect to the protection of third party information when a request for disclosure is made under the federal Access to Information Act. Although the case arose […]
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May 16, 2012Legal Updates
By passing Bill 25 – “Miscellaneous Statutes Amendment Act, 2012”, the Legislature will put regional districts on par with municipalities in several important procedural areas. The Bill has had third reading and the changes it makes to the Local Government Act (“LGA”) will come into force when the Bill receives Royal Assent. The Bill creates […]
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May 16, 2012Legal Updates
The recent BC Supreme Court decision in Baziuk v. Shelley may be causing some concern around the Province for elected officials who serve as “volunteer” firefighters on municipal councils and regional boards. In the Baziuk v. Shelley decision, a council member elected for the Village of Harrison Hot Springs was found to be not qualified […]
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May 16, 2012Legal Updates
As spring weather returns across the Province, there has been some speculation about the possible resurgence of the “Occupy” movement, and the return of protestors to public spaces. If the Occupy protests resume, how should local governments respond if public, civic spaces are the site of encampments or permanent protests?
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April 11, 2012Legal Updates
In Neskonlith Indian Band v. Salmon Arm (City), 2012 BCSC 499, a decision released April 4, 2012, the Supreme Court of British Columbia held that local governments do not have a legal and constitutional duty to consult with and accommodate First Nations when considering development permit applications, even where the proposed development may adversely affect […]
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March 22, 2012Legal Updates
On October 7, 2011, just prior to the November 19, 2011 election, a Petition was filed by 16 Petitioners from Salt Spring Island against one Capital Regional District (“CRD”) Director who was the electoral area Director for Salt Spring Island, and against two Trustees of the Islands Trust (the “Trustees”). The Petitioners sought declarations that […]
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March 22, 2012Legal Updates
The B.C. Supreme Court recently issued a judgment of great importance to local governments, in the field of first nations law. Halalt First Nation v. British Columbia (Minister of Environment), 2011 BCSC 945 (“Halalt”) deals with the duty of the Crown to consult with and accommodate first nations, and the consequences of failing to do […]
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March 22, 2012Legal Updates
In November of 2011, Bill 3, the Freedom of Information and Protection of Privacy Amendment Act, 2011 became law, resulting in a number of changes to the Freedom of Information and Protection of Privacy Act (the “Act”).
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March 22, 2012Legal Updates
This review of the City of Prince Rupert’s decision to refuse to disclose records in relation to a severance agreement may provide some assistance to local governments considering similar issues. In this Order, the Adjudicator considered whether solicitor-client privilege applied to certain documents requested by the applicant, and also considered whether the release of the […]
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March 22, 2012Legal Updates
Liability waivers are commonly used in the recreation industry, by commercial and non-commercial operators alike. A common misconception about liability waivers is that they are not enforceable. In fact, liability waivers are enforceable and can protect recreation service providers against claims of negligence, provided they are drafted and used properly. A recent decision of the […]
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March 22, 2012Legal Updates
The Court of Appeal has ruled on the question of the standard for determining consistency between Official Community Plans and Zoning Bylaws. The B.C. Supreme Court decision, in which the zoning bylaw was found not to be inconsistent with the Official Community Plan, was discussed in an article in Logo Notebook in the Spring of […]
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January 23, 2012Legal Updates
The Supreme Court of Canada (the “SCC”), in a unanimous judgment, has dismissed Catalyst Paper Corporation’s appeal in Catalyst Paper Corp. v. North Cowichan (District), 2012 SCC 2 (“Catalyst”), thus putting an end to the tax revolt of 2008 that saw Catalyst bring court challenges to a number of municipal property tax bylaws on the […]
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November 30, 2011Announcements
The Past In the late 1970s, I was a 23 year old law school graduate looking to start my legal career. I had just spent three years learning that most of the law was all about money and property; how to help people acquire more of it; secure it for them; and keep others from […]
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October 4, 2011Legal Updates
The Volunteer Eligibility for Office Regulation, B.C. Reg. 165/2011, was deposited on September 19, 2011. The Regulation provides that persons who provide volunteer services to a municipality or regional district, without monetary compensation, are not “employees” for the purpose of section 67 of the Local Government Act. Such volunteers are not disqualified from being nominated […]
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September 28, 2011Legal Updates
As we move into the upcoming local government election season it is important to bear in mind that the campaign financing rules under the Local Government Act apply not only to candidates, but to elector organizations and campaign organizers as well.
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September 28, 2011Legal Updates
Patterson v. District of Kent, 2008 BCSC 352 Patterson v. District of Kent disproves the saying that if you throw enough mud against the wall, some of it will stick. The petitioner was unsuccessful in attempting to have a by-election set aside despite raising multiple possible deficiencies in the way the election was conducted. Her […]
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September 28, 2011Legal Updates
There are relatively few Court decisions relating to the provisions of the Local Government Act as they apply to the filing requirements of election officials. A decision from the 2008 election, Alpha v. The Board of School Trustees of School District 61 (Greater Victoria) highlights the importance of making sure that proper paperwork is filed […]
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August 9, 2011Legal Updates
The recent case of Visinski v. Regional District of Central Okanagan (“Visinski”), of June 22, 2011, is an important decision that addresses the complexities of overlapping regulatory authority between municipalities and regional districts. Facts On November 18, 2008, a letter carrier was attacked by Mr. Visinski’s dog, Kokako. Mr. Visinski was charged under section 17.5 […]
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August 9, 2011Legal Updates
The exercise of a local government’s discretion to issue a development permit is a limited one. A local government may only exercise its discretion to grant or refuse a development permit based upon the guidelines set out in its Official Community Plan, and cannot act upon “extraneous considerations”. Additionally, while it is well understood that […]
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August 9, 2011Legal Updates
Municipal councils are not courts. Their reasons should not be scrutinized with the same criteria as judicial reasons. Decisions by councils are made by a vote. The Votes take into account the public interest. They may reflect political considerations. 552197 B.C. Ltd. v. City of Abbotsford, 2007 BCCA 162 at para. 14 There have been […]
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August 9, 2011Legal Updates
In the July 11, 2011 decision of Maple Reinders Inc. v. Cerco Developments Ltd., Madam Justice Fitzpatrick provides an informative discussion about the nature of “material compliance” in the tendering context. Maple Reinders was an unsuccessful bidder following a tender associated with the construction of an apartment building in Kelowna. Cerco was the tendering authority […]
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August 9, 2011Legal Updates
The B.C. Court of Appeal recently issued its judgment in the case of Yanke v. Salmon Arm (City), 2011 BCCA 309, a case involving the interpretation of the Riparian Areas Regulation, B.C. Reg. 376/2004 (the “RAR”). The judgment of the Supreme Court was discussed in the Fall 2010 issue of LoGo Notebook.
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June 17, 2011Legal Updates
On June 13, 2011, the Community Care and Assisted Living Appeal Board released its decision in Coleman v. Fraser Health Authority; an important decision setting out how the Appeal Board will approach all future appeals brought before it. First of all, some background. In 2008, the Supreme Court of Canada gave its decision in Dunsmuir […]
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June 3, 2011Legal Updates
The question of whether the British Columbia Court of Appeal has the jurisdiction and authority to suspend an order by the B.C. Supreme Court setting aside or quashing local government bylaws pending an appeal has not been expressly answered by the Court of Appeal until just recently.
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June 3, 2011Legal Updates
During every Federal Election, my father is not satisfied with having just an ordinary lawn sign in his front yard. He erects those 4×8 foot signs you see on highways on his front lawn. I’d like to stop that unsightly aesthetic and not just because Dad’s political preferences differ from my own.
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June 3, 2011Legal Updates
In its 2003 judgment in Haida Nation v. British Columbia (Minister of Forests), the Supreme Court of Canada held that the when the provincial and federal Crown contemplate conduct that may adversely affect aboriginal right or title, they have a duty to consult with first nations. This duty is apart from any statutory requirement, and […]
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June 3, 2011Legal Updates
We’ve had a pretty cold winter so I’m going to hope that our summer will be dry and hot. That’s good because I love to camp… legally that is. For many local governments, a dry hot summer may lead to an increase in unlawful camping. This will require an expansion of municipal services. In B.C. […]
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June 3, 2011Legal Updates
In the Summer 2008 issue, we reported on the B.C. Supreme Court Ruling in 694385 B.C. Ltd. v. Capital Regional District regarding the interpretation of s. 943 of the Local Government Act. In that case the court disagreed with the petitioner’s attempt to argue that the one-year grace period created by s. 943 applied to […]
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June 3, 2011Legal Updates
Local governments that have created corporations to operate their activities have an interest in the outcome of the Office of the Information and Privacy Commissioner for British Columbia (Order F09-08) – Corporation of the Village of Burns Lake, April 30, 2009, where two applicants made requests for information under the B.C. Freedom of Information and […]
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June 3, 2011Legal Updates
The Trade Investment and Labour Mobility Agreement (“TILMA”), an agreement between the governments of British Columbia and Alberta came into effect on April 1, 2009 for the MASH sector (municipalities, academic institutions, schools and hospitals) in British Columbia.
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June 3, 2011Legal Updates
The law of defamation has recently changed for local government in British Columbia. In 1975, the British Columbia Court of Appeal in the City of Prince George v. British Columbia Television Systems Ltd. held that local government could bring an action for defamation. The Court held that since every incorporated municipality has all the rights […]
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June 3, 2011Legal Updates
The British Columbia courts have recently released two important decisions relating to the constitutional authority of governments to regulate the marine environment. In one of them, Salt Spring Island Local Trust Committee v. B&B Ganges Marina Ltd., 2008 BCCA 544 (“B&B Ganges”), the Court of Appeal examined a local government’s authority to regulate a floating […]
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June 3, 2011Legal Updates
In the midst of the global recession, which has severely affected the British Columbia economy generally and the economies of resource communities in particular, several communities across British Columbia are facing an unprecedented tax revolt by major industry. In Campbell River, North Cowichan, Port Alberni and Powell River proceedings have been commenced in British Columbia […]
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June 3, 2011Legal Updates
Section 219 Covenants are without a doubt a very useful part of the local government toolbox in British Columbia. The history and purpose of the Section 219 Covenant is too vast a subject for a brief article such as this one. It is enough to say that a Section 219 Covenant is an agreement between […]
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June 3, 2011Legal Updates
The Facts of the Case In Heyes v. Vancouver, TransLink, Canada Rapid Line Transit Inc. and Transit B.C. Limited Partnership the defendants, TransLink, Canada Rapid Line Transit Inc. and Transit B.C. Limited Partnership were found liable in nuisance for the damages to the business operated by the plaintiff caused by the massive disruption of switching […]
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June 3, 2011Legal Updates
The issue in Vancouver (City) v. Zhang, 2009 BCSC 614, was whether costs should be awarded against an unsuccessful party alleging a breach of the party’s rights under the Charter of Rights and Freedoms where that party’s interest coincides with the public interest.
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June 3, 2011Legal Updates
It is a problem often shared by local governments: letters to the editor start pouring into the local newspaper from citizens concerned about a new condo development. The complaints are commonplace, but usually revolve around the proposed new building somehow not fitting into the community. The trouble is that the condo developer has met the […]
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June 3, 2011Legal Updates
As reported in the Summer 2009 issue of Logo Notebook, several major industrial companies launched legal proceedings challenging the extent of local government taxation on major industrial properties. On October 16, 2009, the British Columbia Supreme Court dismissed the challenge brought by Catalyst Paper Corporation against the District of North Cowichan.
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June 3, 2011Legal Updates
Local governments in British Columbia have greater freedom than ever before to sell real property. Gone are the days when it was necessary for Council or the Board to pass a bylaw declaring land surplus. Under the Community Charter and the Local Government Act, a local government requires only a resolution to proceed with the […]
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June 3, 2011Legal Updates
With building bylaws demanding increasingly strict construction standards, today’s manufactured homes are being built to stand the test of time, much like conventional houses. Unfortunately, neglect and British Columbia’s climatic conditions are turning existing holiday ramblers into ramshackle structures. Since older manufactured homes have tended to decrease in value as they age and fall into […]
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June 3, 2011Legal Updates
As many local governments know, the treatment of fees, charges, expenses and other amounts due and owing to a municipality or regional district can, in some circumstances, be treated and collected in the same manner and with the same remedies as property taxes; if the amount owing remains unpaid on December 31st of the year […]
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June 3, 2011Legal Updates
Part 1 of this article, which appeared in the Fall 2009 issue of LoGo Notebook, dealt with several general issues of concern to local governments that sell land. Part 2 focuses on the actual agreement of purchase and sale, including some issues specific to situations where the local government is the seller.
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May 30, 2011Legal Updates
In 1976 in City of Vancouver v. Simpson, the Supreme Court of Canada settled the law relating to appeals from decisions of subdivision approving officers under section 89 of the Land Title Act. The Court limited the grounds for appealing those decisions to three grounds, namely, was the decision made 1. in bad faith, 2. […]
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May 30, 2011Legal Updates
As reported in Fall LoGo 2009, Catalyst Paper Corporation appealed to the British Columbia Court of Appeal from the dismissal by the Supreme Court of British Columbia of Catalyst’s four court challenges to the major industry tax rates in the District of North Cowichan, the City of Campbell River, the City of Port Alberni and […]
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May 30, 2011Legal Updates
On February 3, 2010, the arbitrator in Rogers’ Chocolates Ltd. v. City of Victoria, handed down the first arbitration decision awarding compensation under section 969 of the Local Government Act as a result of a heritage designation bylaw. Rogers’ Chocolates Ltd. owns an old building at 913 Government Street in Victoria. It has done so […]
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May 30, 2011Legal Updates
On March 18, 2010, the British Columbia Supreme Court gave its decision in Fraser Health Authority v Jongerden and upheld the ban on the distribution of raw milk in British Columbia. The court granted the injunction sought by the Fraser Health Authority prohibiting individuals from packaging and/or distributing raw milk and/or raw milk products for […]
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May 30, 2011Legal Updates
On February 8, 2010 an arbitrator’s decision determined the extent of the jurisdiction of a service withdrawal arbitration under section 813.13 of the Local Government Act in City of Vernon v. Regional District of North Okanagan and District of Coldstream. In this case, the City of Vernon had requested a partial withdrawal from the Greater […]
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May 25, 2011Legal Updates
In the Spring 2005 issue of this newsletter, we cautioned against providing “approval in principle” comfort letters to developers seeking to market early under the Real Estate Development and Marketing Act. In the same vein, but of more frequency and concern, are property information/zoning confirmation requests from the lawyers acting for purchasers of property. These […]
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May 25, 2011Legal Updates
In the recent case of Montreal (City) v. Montreal Port Authority, 2010 SCC 14, the Supreme Court of Canada set down some guidelines for the application of federal legislation concerning payments in lieu of taxes (“PILTs”) by the federal Crown and federal Crown corporations. Such payments are governed by the Payments in Lieu of Taxes […]
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May 25, 2011Legal Updates
Every so often, a local government may require an interest in a First Nation’s reserve lands, be it for highway/road access purposes, or to construct and operate a sewer or water line or outfall. This article identifies the interests that are available to local governments under the Indian Act on reserve lands of a First […]
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May 25, 2011Legal Updates
The Court of Appeal has ruled against the Appellants in the decision of Fairbrass v. Hansma 2010 BCCA 319, upholding the lower court’s decision that the Mayor of the Township of Spallumcheen did not have a direct or indirect pecuniary interest in relation to a proposed amendment of the Township’s Official Community Plan.
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May 20, 2011Legal Updates
The Supreme Court of British Columbia recently released the first decision of that court to consider the Riparian Area Regulations (“RAR”) under the Fish Protection Act (British Columbia). In Yanke v. Salmon Arm (City) the petitioner owned a residential lot near the shore of Shuswap Lake. The lot did not immediately adjoin the natural boundary […]
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May 20, 2011Legal Updates
A recent decision resulting in a successful challenge to a City of North Vancouver zoning bylaw, Pucci v. North Vancouver (City) 2010 BCSC 743, highlights a possible ground for challenging decisions, even in the absence of having to provide actual reasons. Pucci involved a challenge to a rezoning bylaw that would have had the effect […]
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May 20, 2011Legal Updates
On its face, section 49 of the Community Charter provides a powerful tool to municipalities and regional districts to seek humane destruction of vicious dogs in their jurisdictions. However, the Provincial Court of British Columbia has recently indicated that section 49 does not necessarily operate as a reliable tool to keep vicious dogs out of […]
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May 20, 2011Legal Updates
A recent Supreme Court of British Columbia decision has confirmed that when a tender requires bidders to attend a mandatory site meeting, failure to attend will most likely render a bid non-compliant, and incapable of acceptance. In Admiral Roofing Ltd. v. The Board of Education of School District No. 57, 2010 BCSC 1394, the tender […]
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May 12, 2011Legal Updates
A recent BC Supreme Court decision provides guidance on the documents municipalities must make available to the public before holding a public meeting prior to adopting a zoning bylaw. In Vancouver Island Community Forest Action Network v. Langford (City), 2010 BCSC 1357, the Vancouver Island Community Forest Action Network (“VICFAN”) petitioned for an order quashing […]
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May 12, 2011Legal Updates
The Supreme Court of British Columbia has recently ruled that there is a relatively low threshold for determining whether a local government has the choice, under section 941(2) of the Local Government Act, of requiring dedication of park land, or payment of cash in lieu, at the time of subdivision. In Basin Construction Ltd. v. […]
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May 11, 2011Legal Updates
The British Columbia Supreme Court recently reconfirmed that local government enforcement of zoning bylaws cannot be curtailed in circumstances where unlawful use might have been authorized by a municipal official and was, at the very least, known to the municipality at the time the unlawful use commenced.
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May 11, 2011Legal Updates
In McLaren v. Castlegar (City), 2011 BCCA 134, the British Columbia Court of Appeal has confirmed that a stricter standard for reasonable apprehension of bias exists when a municipal Council is engaged in an adjudicative function. The case involved a Council resolution under the remedial action sections of the Community Charter. After holding a hearing, […]
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May 11, 2011Legal Updates
In the recent decision of the Alberta Court of Queens Bench, R. v. Pawlowski, 2011 ABQB 93, an Alberta Justice sitting on appeal of acquittals on a bylaw prosecution for operating an amplification system in a public park, dismissed an appeal of a conviction under two Calgary bylaws. The appeal Judge found that the bylaw […]
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May 11, 2011Legal Updates
On April 27, 2011, the Honourable Judge Gould of the BC Provincial Court ordered a man who cut down ten trees without permits, to pay the full minimum fine under the City of Nanaimo’s Tree Protection Bylaw for each tree cut. This amounted to $9,000.00. The defendant had cut down trees on his own family’s […]
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May 11, 2011Legal Updates
Over the past several years Privacy Commissioners across Canada have been recommending that public bodies subject to Freedom of Information legislation, which includes local governments, adopt a system of proactive disclosure. The impetus behind the recommendation is to promote open government and, in part, the inability of some public bodies to meet the timelines required […]
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May 11, 2011Labour / Employment Law
Municipal and regional district employees are often the public’s first and only personal point of contact with their local government. These interactions are important as they have an impact on the reputation and accountability of elected officials and local government staff. Like any employer, local governments are not legally required to tolerate a problem employee […]
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May 11, 2011Legal Updates
Electronic Filing – What Is It? How Does It Work? Since 2004, the B.C. Land Title and Survey Authority (the “LTSA”) has been implementing and refining the Electronic Filing System (“EFS”). As the name suggests, EFS provides the means for land title documents and survey plans to be filed in the Land Title Office electronically, […]
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May 4, 2011Legal Updates
On April 18, 2011, the BC Supreme Court delivered its reasons for judgment in Residents and Ratepayers of Central Saanich Society v. Central Saanich (District). This decision builds on the existing case law that addresses the issue of consistency between official community plans (OCP) and zoning bylaws. Section 884(2) of the Local Government Act requires […]
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May 1, 2011Legal Updates
The Supreme Court of BC has upheld a City of Richmond bylaw that bans the sale of dogs and puppies from pet stores. In International Bio Research v. Richmond (City), 2011 BCSC 471, three pet stores challenged the validity of the bylaw on various grounds including that it was ultra vires, that it was unreasonable […]
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April 12, 2011Legal Updates
The Supreme Court of Canada (the “SCC”) has confirmed that the federal government, by virtue of its constitutional jurisdiction over aeronautics, has the exclusive authority to regulate the location of aerodromes. Municipalities and provinces have no authority to do so.
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April 12, 2011Legal Updates
In the Summer 2010 issue of Logo Law, I reviewed the forms of tenure available to local governments on Indian reserve lands that are subject to the land management provisions of the Indian Act. The purpose of that article was to outline the tenure options for local governments that wish to locate or expand works […]
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April 12, 2011Legal Updates
Use of E-communication Tools Local governments wishing to improve communications with their citizens have found technology to be a valuable tool. Information can be disseminated broadly at minimal cost. Email communications and websites can enable a local government to be more transparent. Recognizing these valuable benefits, local governments are beginning to use these tools, for […]
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March 1, 2011Legal Updates
The BC Court of Appeal has reversed the trial judge’s decision, and has dismissed the plaintiff’s claim in nuisance arising out of the construction of the “Canada Line” Skytrain line in Susan Heyes Inc. (Hazel & Co.) v. South Coast BC Transportation Authority, 2011 BCCA 77 (”Heyes”). For a discussion of the trial decision, see […]
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November 1, 2010Legal Updates
On July 1, 2010 new rules governing the conduct of litigation in the Supreme Court of British Columbia came into effect. These new rules completely replaced the existing rules which had been effect since 1979. The following are the essential elements of the new rules that everybody in local government needs to know.
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March 1, 2010Legal Updates
The law regarding mobile home parks that are non-conforming under current zoning bylaws has just been clarified in Stroshin et al. v. The City of Parksville (“Stroshin”). For some time, it has been unclear whether the occupiers of mobile home spaces in non-conforming mobile home parks could replace their older, smaller mobile homes with newer, […]
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February 1, 2010Legal Updates
On February 12, 2010, the Supreme Court of the Canada released its long-awaited judgment in the tendering law case of Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways), 2010 SCC 4 (“Tercon”).
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December 1, 2009Legal Updates
On December 9, 2009 the British Columbia Court of Appeal released its reasons for judgment in the Victoria (City) v. Adams case. The decision of the Trial Judge (released in October 2008 and reported on in our client bulletin at https://sms.bc.ca/client/2008/oct2008-1.html) received widespread attention. Given the importance of the issues, a number of additional parties […]
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October 1, 2009Legal Updates
The City of Langford commenced a civil action in the Supreme Court of British Columbia against two graffiti vandals for injunctive relief and damages. The first action against a graffiti vandal utilizing the tag “REZ” was settled by way of Court Order while the second will proceed to trial. The key components of this Order […]
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