Lawyers

Nick Falzon

Recent Publications

05Mar
2025
Client Bulletins

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...

08Nov
2024
Seminar Papers

Governance: Common Issues

Despite the decades long history of the governance rules relating to open meetings, conflict of interest, and public participation in...

11Jun
2024
Newsletter

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...

05Mar
2024
Newsletter

Newsletter Volume 35, Number 1

In this issue: BC Court of Appeal Clarifies Law of Confidentiality and Indemnification - Sukh Manhas & Nick FalzonEmergency and...

13Feb
2024
Client Bulletins

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...

24Nov
2023
Seminar Papers

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...

14Sep
2023
Client Bulletins

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,...

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

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...

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...

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...

26Nov
2021
Seminar Papers

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...

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...

10Aug
2021
Client Bulletins

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...

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...

11Jun
2021
Client Bulletins

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...

06May
2021
Client Bulletins

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...

29Apr
2021
Client Bulletins

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...

30Mar
2021
Client Bulletins

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...

27Nov
2020
Seminar Papers

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...

25Nov
2020
Seminar Papers

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...

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...

19May
2020
Client Bulletins

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...

23Apr
2020
Client Bulletins

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...

27Mar
2020
Client Bulletins

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...

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...

11Feb
2020
Blog

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...

19Dec
2019
Client Bulletins

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...

22Nov
2019
Seminar Papers

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...

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...

12Aug
2019
Client Bulletins

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...

17Dec
2018
Blog

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...

30Nov
2018
Blog

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...

24Nov
2018
Seminar Papers

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...

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...

17Aug
2018
Blog

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...