Recent Publications
2024
The continuing saga of non-conforming use law in British Columbia: Court of Appeal interprets section 529 of the Local Government Act; Supreme Court of Canada refuses leave to appeal in a different case
Sakinaw Lake might be another casualty in the war waged against hidden gems by social media oversharing. But in case you didn’t already...
2023
Local Government and the Provincial Housing Agenda (updated)
The provincial government’s April 2023 “Homes for People” housing strategy identified 9 separate actions, most of which (highlighted below)...
2023
Province Introduces Significant Renovations to Local Government Enabling Legislation
The provincial government on November 1st gave first reading to Bill 44 – 2023 Housing Statutes (Residential Development) Amendment Act,...
2022
Land Use Regulation: Selected Topics
Many planners are familiar with the term “Euclidean” zoning, and will almost instinctively equate it with a kind of rigid, unimaginative,...
2022
Newsletter Volume 33, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: City of Vancouver Cannot Control Rent by By-law, BC Supreme Court Finds - Elizabeth Anderson & Nick...
2022
Further Amendments to Local Government Legislation Now in Effect
In a previous bulletin we reviewed legislative changes to be introduced by the Municipal Affairs Statutes Amendment Act (No. 2), 2021 (the...
2021
Official Community Plans
If you like watching paint dry, or getting a root canal, or having your eyes poked out, you might also enjoy perusing some of the...
2021
Significant Amendments to Local Government Legislation Proposed in Bill 26
The provincial legislature tabled Bill 26 – Municipal Affairs Statutes Amendment Act (No. 2), 2021 on October 26, 2021. The proposed...
2021
Newsletter Volume 32, Number 1
In this issue: Is our New "Home Office" a Zoning Contravention - Guy PattersonMunicipal Employers Should be Cautious if Considering...
2020
Public Hearings: A New Era?
For decades, public hearings have been a reliable source of work for litigators acting against local governments in British Columbia. The...
2020
Newsletter Volume 31, Number 3 - UBCM Conference Issue
In this UBCM Conference issue:No Liability in Mistaken Up-Zoning Case - Joe ScafeCity Liable after Tenant's Illegal Backyard Fire - Amy...
2020
Province Suspends Local States of Emergency
In an effort to ensure coordination between all levels of government in responding to the COVID-19 pandemic, the Province’s Minister of...
2020
Newsletter Volume 31, Number 1
In this issue:BC Supreme Court Upholds New Westminster Renoviction Bylaw - Nick FalzonWho, in Law, is "Government"? - Bill BuholzerDrug...
2019
Hot Topics in Planning Law
A review of papers delivered at past iterations of this seminar, purporting to address “hot” topics, provides some insight into our firm’s...
2019
Newsletter Volume 30, Number 1
In this issue:Wu v. Vancouver: When Making Permitting Decisions, Slow Doesn't Equal Negligent - Guy PattersonCourt Upholds Increased Fee...
2018
Business Regulation: How Far Can You Go?
In 1994 in a case that raised the scope of the municipal power to regulate businesses under the Municipal Act, Madam Justice Southin put...
2018
Newsletter Volume 29, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Missed by a Milestone: Damages Award Against City Upheld in Tendering Case - Joe Scafe BC New...
2018
Newsletter Volume 29, Number 1
In this Issue: Supreme Court of Canada Expands Protection Against Discrimination in the Employment Context - Carolyn MacEachern...
2017
Mastering the Art of Delegation
Tent cities have been all over the news lately, but did you know the Manitoba Court of Appeal in 1919 was called on to consider the...
2017
Court of Appeal un-stops a dock, because it's not a "private moorage facility"
Late last year we reported on a decision of the BC Supreme Court upholding Bowen Island’s refusal of a building permit for a structure...
2017
Newsletter Volume 28, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Going Green: A First Look at Canada's Proposed Cannabis Act - Elizabeth Anderson The Perils of...
2017
Newsletter Volume 28, Number 1
In this Issue: Settlement Records Protected from Disclosure in British Columbia - Francesca Marzari Top Ten Tips for Municipalities as...
2017
Unrestricted Matters In The Building Act: The Plot Thickens
The Minister of Natural Gas Development and Minister Responsible for Housing and Deputy Premier, whose portfolio includes the Building...
2016
A User Friendly Guide to New Legislation
In remarks delivered in 2013 to the Council of Canadian Administrative Tribunals, Canada’s Chief Justice described a “revolution” in...
2016
Court sinks another dock, this time for incomplete application
In another decision from the docks of Bowen Island, the BC Supreme Court has sided with the Municipality. In Dong, a case decided earlier...
2016
More breaking news from the mundane world of municipal law: don't pick the cherries
The British Columbia Supreme Court may be poised to adopt a new doctrine in municipal law. In two recent cases, both featuring broad...
2016
Newsletter Volume 27, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: The Building Act: Unrestricted Matters Revealed - Bill Buholzer Assessor of Area #01 - Capital et al v....
2016
This Just In: Selling marihuana still (mostly) illegal, at least for now, even in British Columbia
In case you were wondering, in Canada, “the operation of a medical marihuana retail dispensary … is currently not allowed within the...
2016
Newsletter Volume 27, Number 1
In this Issue: Edmonton's Uber-Friendly Bylaw - Michael Moll Reminder: Judgements on Title Must be Renewed Every 2 Years - Don...
2015
Land Use Contracts: Good Riddance or Fond Farewell?
Land use contracts, now destined for execution, are double agents. They are creatures of the Legislature, and therefore public law tools,...
2015
Newsletter Volume 26, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Canada Post Superboxes: Signed, Sealed, Delivered and Yours? - Francesca Marzari Putting a Price on...
2015
Newsletter Volume 26, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Tempest in a TeaPOT? Letters of Intent, Business Licensing and the ALR - Francesca MarzariWorksafe...
2015
Province Weeds out Pot Prohibitions
On May 7th the Province settled any lingering doubts about the authority of local governments to prohibit the production of medical...
2015
Building Act Phases out Local Building Standards
After more than a decade of consultation the Province has introduced a new Building Act. The Act modifies the current building regulation...