Recent Publications
2024
Procurement: A Refresher And More
This paper will consider the sources of liability in tendering: contractual claims arising from “Contract A”, the trade agreements, and...
2023
Downzoning - Panacea or a Dirty Word?
Within the suite of authorities granted to local governments by the province, land use regulation is perhaps the most important. And...
2023
Newsletter Volume 34, Number 2 - LGMA Conference Issue
In this LGMA conference issue: Artificial General (Municipal) Intelligence: Not Quite Yet - Nick FalzonBC Financial Services Authority...
2023
Newsletter Volume 34, Number 1
In this issue:Best Practices for C2C Meetings - Amy O'Connor Riparian Area Protection Powers Rolled Back by the Court of Appeal - Bill...
2022
Waste Management Legal Issues
The Environmental Management Act (the “EMA”) and the various regulations enacted under the EMA regulate waste within British Columbia....
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
Newsletter Volume 33, Number 2 - LGMA Conference Issue
In this LGMA conference issue:Recitals ≠ Reasons - Barry WilliamsonBuilding Permit Requires Tenant in Common's Consent - Elizabeth...
2022
Newsletter Volume 33, Number 1
In this issue: Let's Talk About Tax Sales - Michael Moll & Elizabeth AndersonRecent Decisions on Employers COVID-19 Vaccination...
2021
Local Government Contracting: Common Pitfalls
One of the key powers granted to local governments under the Community Charter and the Local Government Act is the power to contract....
2021
Newsletter Volume 32, Number 3 - UBCM Conference Issue
In this UBCM Conference issue:Conflict of Interest or Community of Interest? Court Interprets the "Electors Generally" Exception - Julia...
2021
Newsletter Volume 32, Number 2 - LGMA Conference Issue
In this LGMA conference issue:WHADDAYAMEAN? - A Ramble Through the BC Interpretation Act - Bill BuholzerCourts Confirm Local Government...
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
Local Government Assistance
COVID-19 has placed unprecedented pressure on business. As a consequence, businesses have approached local governments for accommodations...
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
Newsletter Volume 31, Number 2 - LGMA Conference Issue
In this LGMA conference issue:BC Court of Appeal Upholds Whistler Tourist Accommodation Bylaws - Alyssa BradleyContractual Obligations and...
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
Supreme Court of Canada Refuses to Hear Appeal in Tender Reprisal Clause Case
Today, the Supreme Court of Canada dismissed the contractor’s application for leave to appeal in J. Cote & Son Excavating Ltd. v....
2019
Open and Closed Meetings
The most important and powerful duties and functions of a municipality must be performed and exercised by its council, and an act or...
2019
Newsletter Volume 30, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Tender "Reprisal Clause" Not Constitutionally Invalid - Joe ScafeCourt of Appeal Reconsiders Dangerous Dog...
2019
Newsletter Volume 30, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Beware of the Perils of Overspending: New Local Elections Campaign Financing Provisions Tested in Court...
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
The Ins and Outs of Drainage
The law of drainage, as it applies to local governments in British Columbia, is drawn from two sources: the common law and statute. The...
2018
Newsletter Volume 29, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Municipal Ban on Single-Use Plastic Bags Upheld by Court - Sabrina Spencer Let's Remake a Deal: New Law...
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
Tendering Law Update
Tendering is perhaps the most common method used by local governments to procure works and services. Unfortunately for local governments,...
2017
Newsletter Volume 28, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Do not disturb: Striking a balance between welcoming public spaces and freedom of expression - Stefanie...
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...
2016
Allocating Risks Through Releases, Indemnities and Insurance
In an effort to keep legal and insurance costs down, local governments are increasingly seeking indemnities, insurance and releases from...
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
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...
2014
The Perils of Labour & Employment Law
Local government employers are well aware of the many perils involved in managing and dismissing employees given the obligations placed...
2014
Newsletter Volume 25, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Tsilhqot'in Nation v British Columbia: Aboriginal Title Proven in British Columbia - Gregg Cockrill BC...
2013
Privacy Issues in the Work Place
Managing employees has always been complicated and is becoming even more so with the increasing use of technology in the workplace and a...
2013
Newsletter Volume 24, Number 3 - UBCM Conference Issue
In this UBCM Conference issue:BCSC Upholds Local Government Authority to Regulate Long-Term Moorage - Barry WilliamsonCourt Confirms...
2013
Newsletter Volume 24, Number 2 - LGMA Conference Issue
In this LGMA Conference issue:Medical Marihuana: Health Canada Hits Reset Button - Bill BuholzerThe Perils of Independent Contractor...
2012
Employer Obligations: Staying Out of Hot Water
Recent case law and changes to the Workers Compensation Act in relation to bullying and harassment highlight the increasing obligations...
2012
Newsletter Volume 23, Number 2 - UBCM Conference Issue
In this UBCM Conference Issue: No-Fee Emergency Calls (Taxes Apply), It's Party Time!, Worksafe BC to Adjudicate Claims of Harassment...
2012
Per Unit Latecomer Charges Restored
The British Columbia Court of Appeal this week reversed the lower court’s decision in Okanagan Land Development Corporation v. City of...