Lawyers

Joe Scafe

Recent Publications

08Nov
2024
Seminar Papers

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...

24Nov
2023
Seminar Papers

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...

08Jun
2023
Newsletter

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...

07Mar
2023
Newsletter

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...

18Nov
2022
Seminar Papers

Waste Management Legal Issues

The Environmental Management Act (the “EMA”) and the various regulations enacted under the EMA regulate waste within British Columbia....

12Sep
2022
Newsletter

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...

20Jun
2022
Newsletter

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...

14Mar
2022
Newsletter

Newsletter Volume 33, Number 1

In this issue: Let's Talk About Tax Sales - Michael Moll & Elizabeth AndersonRecent Decisions on Employers COVID-19 Vaccination...

25Nov
2021
Seminar Papers

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....

13Sep
2021
Newsletter

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...

16Jun
2021
Newsletter

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...

16Mar
2021
Newsletter

Newsletter Volume 32, Number 1

In this issue: Is our New "Home Office" a Zoning Contravention - Guy PattersonMunicipal Employers Should be Cautious if Considering...

27Nov
2020
Seminar Papers

Local Government Assistance

COVID-19 has placed unprecedented pressure on business. As a consequence, businesses have approached local governments for accommodations...

22Sep
2020
Newsletter

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...

03Jun
2020
Newsletter

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...

12Mar
2020
Newsletter

Newsletter Volume 31, Number 1

In this issue:BC Supreme Court Upholds New Westminster Renoviction Bylaw - Nick FalzonWho, in Law, is "Government"? - Bill BuholzerDrug...

12Dec
2019
Client Bulletins

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....

22Nov
2019
Seminar Papers

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...

23Sep
2019
Newsletter

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...

11Jun
2019
Newsletter

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...

11Mar
2019
Newsletter

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...

24Nov
2018
Seminar Papers

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...

07Sep
2018
Newsletter

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...

16May
2018
Newsletter

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...

13Mar
2018
Newsletter

Newsletter Volume 29, Number 1

In this Issue: Supreme Court of Canada Expands Protection Against Discrimination in the Employment Context - Carolyn MacEachern...

28Nov
2017
Seminar Papers

Tendering Law Update

Tendering is perhaps the most common method used by local governments to procure works and services. Unfortunately for local governments,...

25Sep
2017
Newsletter

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...

16May
2017
Newsletter

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...

28Nov
2016
Seminar Papers

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...

05Apr
2016
Newsletter

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...

21Sep
2015
Newsletter

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...

19Jun
2015
Newsletter

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...

01Dec
2014
Seminar Papers

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...

29Sep
2014
Newsletter

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...

02Dec
2013
Seminar Papers

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...

15Sep
2013
Newsletter

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...

11Jun
2013
Newsletter

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...

03Dec
2012
Seminar Papers

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...

24Sep
2012
Newsletter

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...

10Aug
2012
Client Bulletins

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...