Recent Publications
2025
BCSC Quashes Censure Decision on Procedural Fairness Grounds
In the recent decision Paull v. Quesnel (City), 2025 BCSC 347, the Supreme Court of British Columbia considered the lawfulness of three...
2024
Governance: Common Issues
Despite the decades long history of the governance rules relating to open meetings, conflict of interest, and public participation in...
2024
Newsletter Volume 35, Number 2 - LGMA Conference Issue
In this LGMA conference issue:Bill 16 - Part One: An Overview of Tenant Protections - Christopher Gallardo Ganaban & Eman JeddyBill 16...
2024
Newsletter Volume 35, Number 1
In this issue: BC Court of Appeal Clarifies Law of Confidentiality and Indemnification - Sukh Manhas & Nick FalzonEmergency and...
2024
Land Act Amendments Coming Soon
The provincial government is considering new amendments to the Land Act in order to bring it into conformity with the Declaration on the...
2023
Speak Up or Shut Up? - Free Speech
Freedom of expression is one of the hallmarks of a free and democratic society. Since 1982 it has been formally enshrined in the Canadian...
2023
BC Controlled Substances Exemption Restricted at Playgrounds, Water Parks, Skate Parks
Following advocacy by many local governments, British Columbia’s controlled substance possession exemption has been further restricted,...
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
Codes of Conduct and More: Elected Officials Behaving Badly
Most professionals are held accountable for their conduct through legislative mechanisms. Lawyers must comply with a Code of Professional...
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 1
In this issue: Let's Talk About Tax Sales - Michael Moll & Elizabeth AndersonRecent Decisions on Employers COVID-19 Vaccination...
2021
What’s the Problem with Bias?
Elected officials, by the nature of their position, are required to take strong and vocal stances on a myriad of issues. There is however a...
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
Local Governments Get Ability To Regulate Single-use Plastics
On July 26, 2021, the Province made Ministerial Order No. M309, which amends the Spheres of Concurrent Jurisdiction - Environment and...
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
BC Court of Appeal Restores the City’s Decisions Regarding Expiration of Building Permits
On June 9, 2021, the BC Court of Appeal released reasons for judgment in Yu v. Richmond (City), 2021 BCCA 226. In this case, the Court...
2021
BC Court of Appeal Upholds New Westminster’s Renoviction Bylaw
In 1193652 B.C. Ltd. v. New Westminster (City), 2021 BCCA 176 the British Columbia Court of Appeal ruled that the provisions of New...
2021
Court Upholds City’s Censure of Councillor
On April 21, 2021, the BC Supreme Court released reasons for judgment in Dupont v. Port Coquitlam (City). Councillor Dupont had commenced a...
2021
Residential Rental Tenure Zoning Bylaw Upheld by BC Supreme Court
In reasons released March 30, 2021, indexed as V.I.T. Estates Ltd. v. New Westminster (City), 2021 BCSC 573, Mr. Justice Saunders of the BC...
2020
Municipal and Provincial Conflicts: Inconsistency or Concurrent Authority?
How far can a local government go before it intrudes on the Province’s jurisdiction? This session delves into the often-litigated and...
2020
Vavilov: Is it Good for Local Governments?
Russian spies, citizenship revocation, and the illegals program are topics that this session does not cover. Instead, it deals with the...
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
Vavilov and Municipalities: There Really is a New Boss
After the Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the standard of...
2020
Chief Justice Of BC Now Granted Discretion To Modify Court Rules
Ministerial Order 121/2020, the latest order of Minister Mike Farnworth made under s. 10(1) of the Emergency Program Act, grants the Chief...
2020
Ministerial Order M084: Part 2
Yesterday, the Minister of Public Safety and Solicitor General made several orders under section 10 of the Emergency Program Act that...
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...
2020
Court Upholds New Westminster Business Regulation Bylaw Targeting Renovictions
In 1193652 B.C. Ltd. v. New Westminster (City), 2020 BCSC 163, released on February 11, 2020, Chief Justice Hinkson dismissed a petition...
2019
Done with Dunsmuir – SCC Re-thinks the Standard of Review
This morning the Supreme Court of Canada released reasons for judgment in a trilogy of cases, including Canada (Minister of Citizenship and...
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 3 - UBCM Conference Issue
In this UBCM Conference issue: Tender "Reprisal Clause" Not Constitutionally Invalid - Joe ScafeCourt of Appeal Reconsiders Dangerous Dog...
2019
No middle ground on dog destruction applications, says Court of Appeal
In Santics v. Vancouver (City) Animal Control Officer, 2019 BCCA 294, the BC Court of Appeal considered the “dangerous dog” framework set...
2018
A blunt end to non-compliant cannabis dispensaries in Vancouver
In a decisive statement on the scope of municipal power to regulate cannabis dispensaries, Chief Justice Hinkson of the BC Supreme Court...
2018
Amendments to the Human Rights Code Receive Royal Assent
Bill 50, the Human Rights Code Amendment Act, which re-establishes the British Columbia Human Rights Commission, received royal assent on...
2018
Professional Reliance: A Local Government Perspective
This paper looks at some of the findings contained in the Final Report of the Review of Professional Reliance in Natural Resource...
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
Supreme Court of Canada to Revisit Dunsmuir
In a 2016 paper, Justice Stratas of the Federal Court of Appeal bemoaned the state of administrative law in Canada, stating: “Our...