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Recent Publications

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

Wu v. Vancouver: When Making Permitting Decisions, Slow Doesn't Equal Negligent - Guy PattersonCourt Upholds Increased Fee for Building...

04Feb
2019
Client Bulletins

Bill Buholzer to become Associate Counsel on July 1, 2019

After 28 years of practicing local government and land use planning law at Young, Anderson, Bill has decided to retire from the firm’s...

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

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...

24Nov
2018
Seminar Papers

Affordable Housing Toolkit Update

This paper discusses some of the potential tools and recent developments to promote affordable housing in British Columbia. The first...

24Nov
2018
Seminar Papers

Planning for Resiliency

Since at least the 1990s, and coinciding with the release of the Brundtland Report and the adoption of the United Nations Framework...

24Nov
2018
Seminar Papers

#Whatnow? Sexual Misconduct and the Workplace

The #metoo movement has empowered many people to speak up against sexual assault misconduct. From CBC to Hollywood to Google Inc, sexual...

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...

24Nov
2018
Seminar Papers

Cannabis: The Whole Picture

Cannabis regulation is a big topic and hot topic for local governments. October 17, 2018 saw Canada’s Parliament legalize possession of...

24Nov
2018
Seminar Papers

All You Need to Know About Parks

When strolling through a beautiful BC park on a Sunday walk, one frequently ponders the nature of the park, articulating fascinating and...

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...

24Nov
2018
Seminar Papers

Expropriation 201

In this paper, we go beyond the general process to be followed by local governments when exercising their expropriation powers and...

21Nov
2018
Client Bulletins

Legislation to allow "Ride-Sharing" Proposed by BC Legislature

Local governments will likely be interested in proposed amendments to provincial legislation relating to online platform “ride-sharing”...

16Oct
2018
Client Bulletins

Elections Questions? Call us - our E-Team is ready!

In order to assist with the upcoming local government elections, we have a designated team of lawyers to respond to your elections...

02Oct
2018
Client Bulletins

Shoreline Works and the Zoning Power

Local governments with shoreline zoning need to be aware of the B.C. Supreme Court’s October 1, 2018 decision in Fonseca v. Gabriola...

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...

25Jul
2018
Client Bulletins

Public Input on BC’s ‘Clean Growth Future’ Strategy Open Until August 24

On July 20, 2018, the provincial government released three intentions papers that will be available for comment until August 24, 2018....

16Jul
2018
Client Bulletins

New Legislation: Cannabis Production in the Agricultural Land Reserve

On Friday, July 13, 2018, the provincial government made changes to what qualifies as a “farm use” in relation to cannabis production on...

09Jul
2018
Blog

It's in the Bag (For Now): BC Supreme Court Upholds Victoria's Ban on Single-Use Plastic Bags

Across the globe, municipal bans on plastic bags have been met with varying levels of opposition. In Texas, the state Supreme Court, in a...

20Jun
2018
Blog

Cannabis Act Timeline Established

The Prime Minister has announced today that the official date for the coming into force of the federal Cannabis Act will be October 17,...

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...

26Apr
2018
Blog

Giving Local Governments the Information and Tools to Address Rental Housing Shortages

On April 24, 2018, BC’s provincial government introduced two Bills intended to address the issues of housing affordability and lack of...

23Apr
2018
Blog

Expanded job-protected leaves proposed by BC Government

The B.C. government has introduced Bill 6, the Employment Standards Amendment Act, 2018, in the B.C. legislature. This Bill will expand...

22Mar
2018
Blog

British Columbia Supreme Court Confirms Site Profile Opt-Out Means No Development Freeze

In Gibsons Alliance of Business and Community Society v. Town of Gibsons, 2018 BCSC 448, the court has confirmed for those local...

21Mar
2018
Blog

High-Level Insight: Consultation Report on Cannabis Regulations Released

This week, the federal government released a summary report from its public consultation on the proposed approach to the regulation of...

13Mar
2018
Blog

Michael McEvoy appointed next Information and Privacy Commissioner for BC

Michael McEvoy has been appointed the next Information and Privacy Commissioner for BC, effective April 1, 2018. Michael McEvoy is...

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...

19Feb
2018
Blog

OIPC Reviewing Local Government Video Surveillance

The OIPC issued a release on February 7, 2018, regarding its concerns about video surveillance by local...

13Feb
2018
Client Bulletins

Young, Anderson Welcomes Kathleen Higgins

Young, Anderson is very pleased to announce that, effective February 13, 2018, Kathleen Higgins has joined the firm's partnership....

06Feb
2018
Blog

A Chronic Issue: BC releases details on how cannabis will be sold

On February 5, 2018, the Provincial government released further details about the highly-anticipated legislation to regulate the...

20Dec
2017
Client Bulletins

The Honourable Madam Justice Marzari

It is with honour that we advise that our partner, colleague, and friend, Francesca Marzari, was appointed as a Justice of the British...

05Dec
2017
Blog

A Mixed Bag: Cannabis to be sold at Public and Private Stores in BC; Minimum Age is 19

Initial information on how cannabis will be regulated in BC has been released by the provincial government. On December 5, 2017, the...

28Nov
2017
Seminar Papers

Legalizing Cannabis: A Joint Effort

With the introduction of the Cannabis Act, the Federal government is proposing the legalization of the recreational use of cannabis....

28Nov
2017
Seminar Papers

The Building Act: What You Need to Know

Legislation about building standards would ordinarily warrant, at most, a ‘break-out’ session at a local government law seminar; in...

28Nov
2017
Seminar Papers

Water Law: The Water Sustainability Act and More

Water is frequently making headlines in BC. Whether it is too much water—such as the recent flooding in the Okanagan this past spring—or...

28Nov
2017
Seminar Papers

Local Government Services and the Human Rights Code

This paper is an update to the 2011 seminar paper “Local Government Services – Striking the Accommodation Balance”. Local governments...

28Nov
2017
Seminar Papers

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...

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,...

28Nov
2017
Seminar Papers

Dealing with Aggressive Members of the Public

Aggression / n. 1. the act or practice of attacking without provocation, esp. beginning a quarrel or war. 2. an unprovoked attack. 3....

28Nov
2017
Seminar Papers

Strata Property: A Primer for Local Goverments

Subdivision by way of strata plan is becoming more common each year as developers seek to capitalize on sale of land that is smaller than...

28Nov
2017
Seminar Papers

Assessment Appeals: What is the Role for Local Government?

This paper explores the following: 1. Legislation Overview; 2. Considerations on Getting Involved; 3. How to get Involved; and 4....

29Sep
2017
Blog

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...

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...

13Sep
2017
Blog

A joint effort: Ontario's Proposed Cannabis Retail Model

The Ontario provincial government has released its framework to regulate the use and sale of recreational cannabis. Although additional...

16Aug
2017
Blog

A renewed Human Rights Commission in BC

The provincial government has announced plans to reinstate the B.C. Human Rights Commission. Human rights commissions are typically...

30Jun
2017
Blog

Court Upholds Release of Claims in Mountain Biking Accident

On June 16, 2017, the BC Supreme Court upheld Whistler Mountain Resort Limited Partnership’s release of claims in the case of a mountain...

26Jun
2017
Client Bulletins

Retail Cannabis Sales, Post-Cannabis Act Tabling: Still Unlawful

With the recent tabling of the draft Cannabis Act, the current legal state of storefront marijuana dispensaries may seem murkier than...

20Jun
2017
Blog

David Loukidelis QC recognized as Honorary Archivist by the Association of Canadian Archivists

David Loukidelis QC, the firm's associate counsel and a former partner, has been designated as an Honorary Archivist. This award from the...

31May
2017
Blog

When the Truth Hurts, but is also a Defence to Defamation

The Ontario Superior Court of Justice has confirmed that when a former employer tells the truth in an employment reference check, they...

17May
2017
Blog

Bill Buholzer recognized as the LGMA's 2017 President's Award recipient

The firm is pleased to announce that on May 17, 2017, during this year's LGMA Annual Conference in Penticton, Bill Buholzer was awarded...

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...

03May
2017
Client Bulletins

A Hazy Road Ahead: The Proposed Cannabis Act and Local Governments

A new legal landscape for the recreational use of cannabis in Canada has been proposed in the House of Commons. For local governments,...

20Mar
2017
Newsletter

Newsletter Volume 28, Number 1

In this Issue: Settlement Records Protected from Disclosure in British Columbia - Francesca Marzari Top Ten Tips for Municipalities as...

10Mar
2017
Blog

A Legal Duty to Document?

On March 8, 2017, the Minister of Finance, the Honourable Mr. Michael de Jong, tabled Bill 6, the Information Management (Documenting...

06Mar
2017
Client Bulletins

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...

28Feb
2017
Client Bulletins

Settlement Records Protected from Disclosure in British Columbia

In its decision released February 28, 2017, the BC Supreme Court has found that settlement records, including negotiated settlement...

13Jan
2017
Blog

Election Upheld Despite Failure to Hold Advance Voting Opportunity

The BC Supreme Court recently upheld a school board trustee election, even though only one of the two statutorily-required advance voting...

04Jan
2017
Blog

Smoke Signals: Cannabis Task Force Report a Sign of What's in Store for Local Governments

The Task Force on Cannabis Legalization and Regulation has released its final report, A Framework for the Legalization and Regulation of...

14Dec
2016
Blog

The SCC Protects Solicitor-Client Privilege from Disclosure to the OIPC in Alberta, but not BC

On Friday, November 25, the Supreme Court of Canada released a decision that protects documents in which solicitor-client privilege is...

28Nov
2016
Seminar Papers

Medical Marihuana in the Workplace

An increasing amount of people are being prescribed medical marihuana to deal with various medical conditions and disabilities. Given the...

28Nov
2016
Seminar Papers

Managing the Market: The Affordable Housing Toolkit

This paper examines some of the local government powers available to address affordable housing issues in British Columbia. The first...

28Nov
2016
Seminar Papers

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...

28Nov
2016
Seminar Papers

Redrawing the Boundaries Applying the New Human Rights Legislation Locally

Recent changes to the BC Human Rights Code provide explicit protections against discrimination on the grounds of gender identity or...

28Nov
2016
Seminar Papers

Contaminated Sites A Local Governments Role

Contaminated sites exist in every community in British Columbia. The role various levels of government play in the identification,...

28Nov
2016
Seminar Papers

The 911 on What to do Before the OIPC Calls

This year marks a significant year for local governments and their relationship with the Office of the Information and Privacy...

28Nov
2016
Seminar Papers

When is a Highway Really a Highway?

This paper is not about the typical highway, the road recorded in the Land Title Office, named and paved by the local government and...

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...

28Nov
2016
Seminar Papers

The A to Z of Local Government Procurement

As we all know, local governments are significant consumers of both goods and services. Local governments purchase a vast array of goods,...

21Nov
2016
Blog

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...

17Nov
2016
Blog

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...

15Nov
2016
Blog

Appeal Court sends a message that a local government is unable to regulate mailbox placement.

A local government has lost its fight to regulate the location of Canada Post’s proposed community mailboxes (CMBs). In Canada Post v...

05Oct
2016
Client Bulletins

REMINDER - Annual Tax Sale Service Deadline

Now that the leaves have turned, Halloween is in the air and annual tax sales have been completed, it is time for municipal tax...

04Oct
2016
Blog

Christina Reed Returns to Young, Anderson

The firm is pleased to announce that Christina Reed will be returning to the office on October 7, 2016. Christina spent her last year on...

26Sep
2016
Newsletter

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....

30Aug
2016
Client Bulletins

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...

03Aug
2016
Client Bulletins

Identification of Contaminated Sites – Changes in Store for Local Governments

The Ministry of Environment has extended the period for stakeholder comments on its Intentions Paper regarding Identification of...

27Jul
2016
Blog

Government Extends Protection under the Human Rights Code to Transgendered Persons

On Monday, July 25, the Legislature gave Bill 27 – 2016 Human Rights Code Amendment Act, 2016 three readings. The Bill amends the Human...

19Jul
2016
Blog

Former BC Government Employee Charged under the Freedom of Information and Protection of Privacy Act

A former employee of the Ministry of Transportation was fined $2,500 under the Freedom of Information and Protection of Privacy Act...

22Jun
2016
Newsletter

Newsletter Volume 27, Number 2 - LGMA Conference Issue

In this LGMA Conference issue: Win for North Saanich on Ability to Tax Nav Canada for Airport Lands is a Win for All Local Governments...

21Jun
2016
Client Bulletins

SCC Confirms Exclusive Federal Authority to Regulate Location of Radiocommunication Antenna Systems

The Supreme Court of Canada has given judgment in Rogers Communications Inc. v. Chateauguay (City), 2016 SCC 23, holding that the City...

25Apr
2016
Blog

New Conflict of Interest Exception

The Province has responded to the calls from the UBCM, our office, and others, and enacted a new regulation under the Community Charter...

08Apr
2016
Client Bulletins

Court Refuses Temporary Injunction to Remove Homeless Camp in Victoria

On April 5, 2016 in British Columbia v Adamson, the Honourable Chief Justice Hinkson refused to grant the Province an interlocutory...

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...

25Feb
2016
Client Bulletins

Federal Court Quashes New Medical Marihuana Regulations

The state of flux and uncertainty surrounding medical marihuana production and distribution continues with yesterday’s decision of the...

10Feb
2016
Blog

City Councillors May Be Required to Disclose Emails from Personal Accounts in FOI Requests

It is well established that city councillors may be required to disclose emails sent from councillors’ personal email accounts in some...

05Jan
2016
Blog

The new Local Government Act is now in Force

As of January 1, 2016 the revision of the Local Government Act is now in effect. The BC government intends the revision to only...

15Dec
2015
Client Bulletins

Building Act Clock Starts Ticking

Some sections of the new Building Act that significantly affect local governments came into force on December 15. Section 5 of the Act...

11Dec
2015
Blog

Proposed revision of the Local Government Act

The proposed revision of the Local Government Act is being made available to the public on various websites. If the drafters of the...

07Dec
2015
Client Bulletins

Quebec Councillor Disqualified for Municipal Contract

In British Columbia local elected officials who consider our “ethical conduct” rules to be unduly onerous might take some comfort from a...

30Nov
2015
Seminar Papers

Open Season on Integrity: Hunting for the Right Solution for BC

This paper examines the current legislative vacuum in British Columbia in dealing with an elected official’s misconduct. The paper then...

30Nov
2015
Seminar Papers

Anatomy of a Workplace Investigation

You have received a complaint of bullying and harassment in the workplace. What do you do? The first step is to review the complaint and...

30Nov
2015
Seminar Papers

To Air (BnB) is Human: Regulating the Share Economy

This paper will focus on two of the most prominent businesses utilizing the share economy: ride share services such as Uber, and services...

30Nov
2015
Seminar Papers

Conflict of Interest

It is the summer of 1893, Judge Walkem of the British Columbia Supreme Court has ordered that the City of Victoria be prohibited from...

30Nov
2015
Seminar Papers

21st Century Works & Services Bylaw

During the last few years, our firm has had the opportunity to review and draft either replacements or revisions to numerous local...

30Nov
2015
Seminar Papers

Land Title Search & Rescue: An Overview of Charges, Liens and Interests in Land

Most local government employees will encounter a title search at some point in their careers. It can be an overwhelming experience; a...

30Nov
2015
Seminar Papers

FOI and Privacy Update

Access to information and privacy cases are making headlines in British Columbia. This year, from investigations into the use of employee...

30Nov
2015
Seminar Papers

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,...

30Nov
2015
Seminar Papers

Hot Topics & Caselaw Updates

The year 2015 has seen developments in many areas of interest to local governments, both in the courts and in the realm of shifting...

27Oct
2015
Client Bulletins

OIPC Investigates Public Bodies’ Records Retention & Disposal Practices

The Office of the Information and Privacy Commissioner (OIPC) recently released Investigation Report F15-03, based on investigations into...

21Oct
2015
Client Bulletins

Abbotsford Bylaws Prohibiting Overnight Camping In Public Places Found Unconstitutional

In Abbotsford City v. Shantz, 2015 BCSC 1909, the Chief Justice of the BC Supreme Court found a number of the City’s bylaws related to...

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...

08Sep
2015
Client Bulletins

Young Anderson Lawyers Available For Advice During UBCM 2015 Convention

A meeting room has been arranged at the Pan Pacific Hotel for the duration of the UBCM Convention (September 22-24, 2015) to assist...

23Jul
2015
Blog

OIPC clarifies interpretation of s. 25 public interest requirement

In response to the Mount Polley mine tailings pond dam failure in August 2014, the Office of the Information and Privacy Commissioner for...

16Jul
2015
Blog

OIPC's IT Security and Employee Privacy: Tips and Guidelines

The Office of the Information and Privacy Commissioner for BC (“OIPC”) released a guidance document outlining issues employers should...

10Jul
2015
Blog

Land Title Office Stops Registering Notices of Latecomer Agreement

The Land Title and Survey Authority has recently changed its practice and will no longer accept a Form 17 Notice of Excess or Extended...

10Jul
2015
Client Bulletins

Canada Post v. City of Hamilton Community Mailbox Placement Fight To Continue

Canada Post is ending all urban door-to-door mail service to five million Canadians in five years. Like any change in government...

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...

11Jun
2015
Blog

Medical Marihuana: Smoking Not Required

On the marihuana file, it seems the federal government can’t win for losing. The Supreme Court of Canada on June 11 released its judgment...

12May
2015
Blog

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...

01May
2015
Blog

ANNOUNCING THE SECOND IN OUR SERIES OF FREE DAY-LONG SEMINARS - WEST KELOWNA

JUNE 4 - SAVE THE DATE BYLAW DRAFTING, PLANNING & LAND USE MANAGEMENT SEMINAR Young, Anderson will be offering a free day-long...

15Apr
2015
Client Bulletins

Taxi War: When Municipalities Can Frustrate Provincial Aims

In recent years, suburban taxis companies have made repeated efforts to obtain operating permits to allow them to meet the significant...

15Apr
2015
Blog

Don't Hype the Belief

In Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16 the Supreme Court of Canada found a municipal bylaw to be inoperative,...

19Mar
2015
Blog

CRTC issues $1.1 million penalty to the first CASL-offender

On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its first penalty under Canada’s...

09Mar
2015
Newsletter

Newsletter Volume 26, Number 1

In this Issue: Municipal Zoning Restrictions Apply to Moorage and Public Interest Special Cost Awards Limited - Barry Williamson CPR...

03Mar
2015
Blog

ANNOUNCING THE FIRST IN OUR SERIES OF FREE DAY-LONG SEMINARS - NANAIMO, BC

MAY 8 - SAVE THE DATE BYLAW DRAFTING, PLANNING & LAND USE MANAGEMENT Young, Anderson will be offering a free day-long seminar for...

17Feb
2015
Client Bulletins

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...

17Feb
2015
Blog

New Workplace Safety Legislation Introduced in BC

On February 11, 2015, the B.C. government introduced legislation to improve workplace health and safety following recommendations from...

29Jan
2015
Client Bulletins

Public Hearing Procedures: A New Wrinkle

The B.C. Supreme Court has added a new wrinkle to the extensive case law on procedural fairness in the context of statutory public...

01Dec
2014
Seminar Papers

The Tsilhqot'in Nation and Whistler Cases: What Do They Mean for Local Government

This paper deals with the Supreme Court of Canada’s recent landmark decision in the Tsilhqot’in v. British Columbia, the first case in...

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...

01Dec
2014
Seminar Papers

Working with the AGLG

This paper reviews the statutory basis for the activities of the Auditor General for Local Government, compares that office with similar...

01Dec
2014
Seminar Papers

Defamation: What Are Your Rights?

Unlike the officers and employees of a private corporation, as an officer or employee of a local government, you are often in the public...

01Dec
2014
Seminar Papers

Hot Topics in Planning Law

2014 has been a year of a number of important court decisions of interest to local governments, several of which are particularly...

01Dec
2014
Seminar Papers

FOI Update: A Review of Some "Interesting" FOI Decisions

Access to information legislation, such as the BC Freedom of Information and Protection of Privacy Act (FIPPA), serves an important...

01Dec
2014
Seminar Papers

The Tough Issue of Homelessness

Many local governments are faced with tough decisions relating to people living in places not generally intended or safe for human...

01Dec
2014
Seminar Papers

Compost, Recycling and Putrescibles (aka C.R.A.P.): Case Studies in Waste Management

Waste is very lucrative these days. Many municipal and regional district bylaws and waste management plans are not equipped to address...

01Dec
2014
Seminar Papers

Caselaw Update

This paper summarizes some of the cases of interest from the past 12 months. This paper does not include any comments on the recent,...

27Nov
2014
Blog

Checking Additional References Without Consent When Hiring New Employees Contrary to FIPPA

The Office of Information and Privacy Commissioner (“OIPC”) recently published a guidance document and issued an Order which set out...

25Nov
2014
Blog

Solicitor-Client Privilege-Keeping your legal advice out of the fray

Two recent BCSC court decisions illustrate the fine line that divides conduct that waives solicitor-client privilege and conduct that...

20Nov
2014
Client Bulletins

Mandatory Land Title Document Electronic Filing for Local Governments

December 31, 2014 is the last day that local governments with populations of 5,000 or more are permitted to register land title documents...

14Oct
2014
Client Bulletins

Elections

With the upcoming local government elections, our lawyers are available to assist you with your election related questions. We have been...

08Oct
2014
Blog

BIG WIN at Supreme Court of Canada!

I am still basking in our big win at the Supreme Court of Canada which established that access to the justice and the courts is a...

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...

19Sep
2014
Client Bulletins

OIPC requires public bodies to disclose non-responsive information

Two recent decisions of the Office of the Information and Privacy Commissioner have called into question the practice of many public...

04Jul
2014
Client Bulletins

Court of Appeal resolves density conundrum

In the first Court of Appeal decision to address the question of what is “density” for the purpose of interpreting a restriction on the...

12Jun
2014
Client Bulletins

Court Of Appeal Confirms That Municipal Councillors Are Officers For The Purposes of FIPPA

In May, 2011, the Provincial Court found that a Prince George Councillor was guilty of breaching section 30.4 of the Freedom of...

12Jun
2014
Newsletter

Newsletter Volume 25, Number 2 - LGMA Conference Issue

In this LGMA Conference issue: The Land Conservancy Selling Heritage Properties to Pay Debts - Francesca MarzariBill 17: Sweeping...

26May
2014
Blog

SCC Clarifies the Broad Definition of “Policy Advice or Recommendations” under FOIPPA

On May 9, 2014, the Supreme Court of Canada dismissed an appeal by an applicant and the Ontario Information and Privacy Commissioner...

20May
2014
Blog

Young Anderson welcomes a new associate lawyer

Young Anderson is delighted to announce that Maria Kim has joined Young, Anderson as an associate effective May 20, 2014 after articling...

08May
2014
Blog

Court Upholds Prince George OCP and Zoning Amendments Permitting Rural Area Recovery Facility

On May 7, 2014, the Supreme Court of British Columbia released its decision in Pettersen v. Prince George dismissing a challenge to two...

28Apr
2014
Blog

Contract not “legal instrument” under s. 12(3)(a) of FIPPA

On April 15, 2014, the B.C. Supreme Court dismissed a petition for judicial review of an Office of Information and Privacy Commissioner...

27Mar
2014
Client Bulletins

Bill 17 Revises Ministerial Approval Requirements

On March 10, 2014, Bill 17, the Miscellaneous Statutes Amendment Act, 2014, was introduced in the Legislature by the Attorney General and...

25Mar
2014
Client Bulletins

New Medical Marihuana Regulations Delayed by Court Injunction

On the afternoon of Sunday, March 16, 2014 a large area in the north Langley Township neighbourhood of Walnut Grove was in lockdown as...

19Mar
2014
Client Bulletins

Land Use Contracts: Endgame Begins

The provincial government has tabled in Bill 17, the Miscellaneous Statutes Amendment Act, 2014, amendments to the Local Government Act...

10Mar
2014
Newsletter

Newsletter Volume 25, Number 1

In this Issue:Do you have a Licence for That? Local Government Response to the Decriminalization of Prostitution - Jay...

03Mar
2014
Blog

Reece Harding sabbatical - March 1 to August 31, 2014

The Firm wishes the best to partner Reece Harding as he begins his sabbatical to gain his certification as a mediator from the Justice...

25Feb
2014
Blog

4 Year Terms on the Way

The Provincial government will introduce legislation this spring to change local election terms from 3 to 4 year cycles. If enacted the...

04Feb
2014
Blog

R v. Skakun to be heard at the Court of Appeal in April 2014

In May 2011, Mr. Skakun, a councillor of the City of Prince George, was convicted for a breach of section 30.4 of the Freedom of...

12Dec
2013
Client Bulletins

“What’s Density?” - A Common Sense Answer

The BC Supreme Court, in issuing reasons for judgment in Society of Fort Langley Residents for Sustainable Development v. Langley...

02Dec
2013
Seminar Papers

Medical Marihuana Update

The issues surrounding the growing and distribution of medical marihuana have been of particular interest to local governments over the...

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...

02Dec
2013
Seminar Papers

MMBC: What are the Issues?

In 2004, the Province enacted the Recycling Regulation under the Environmental Management Act to implement a framework for extended...

02Dec
2013
Seminar Papers

Repeal, Rescind, Reconsider

As the level of government that is closest to the people, municipalities and regional districts are often the first governments to...

02Dec
2013
Seminar Papers

Revitalization Tax Exemptions

Revitalization tax exemptions are currently experiencing a surge in popularity in BC. However, they are not as simple as ordinary...

02Dec
2013
Seminar Papers

Controlling Councillor Conduct

This paper will consider the power to, and the processes by which a council may address the misconduct of one of its members. After...

02Dec
2013
Seminar Papers

Water Law 101

This paper deals mainly with the difficult question of private ownership of water bodies, while touching briefly on common law rights...

02Dec
2013
Seminar Papers

Caselaw Update

Local government law is diverse and the cases that touch on local government issues are no different. The past few years have seen many...

25Oct
2013
Blog

District of Invermere Succeeds in Deer Cull Petition

On October 25, 2013, the B.C. Supreme Court dismissed the Petition of the Invermere Deer Protection Society who were seeking to...

22Oct
2013
Blog

British Columbia Court of Appeal Clarifies Relationship between Local Governments and First Nations

Reece Harding's article: British Columbia Court of Appeal Clarifies Relationship between Local Governments and First Nations has been...

08Oct
2013
Blog

Young Anderson - Premier Host Sponsor - PIBC 2013 World Town Planning Day - Vancouver

Young Anderson is proud to announce its Premier Host Sponsorship of the Planning Institute of BC's 2013 World Town Planning Day -...

30Sep
2013
Blog

Young Anderson welcomes its newest associate Elizabeth Anderson

The Firm is pleased to announce that Elizabeth Anderson has joined us as an associate lawyer. Like her father, Elizabeth will be carrying...

19Sep
2013
Blog

Check out our Conflict of Interest article for the workshop at the UBCM today.

Workshop article: http://www.younganderson.ca/images/uploads/files-documents/bulletins/Client_Bulletin-2013-September-19-fm-Conflict.pdf

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...

26Aug
2013
Blog

Young Anderson Lawyers Available For Advice During UBCM 2013 Convention

The “Atrium Boardroom” at the Pan Pacific Hotel has been reserved for clients who may wish to meet with any of the firm’s lawyers whilst...

26Aug
2013
Client Bulletins

Young Anderson Lawyers Available For Advice During UBCM 2013 Convention

The “Atrium Boardroom” at the Pan Pacific Hotel has been reserved for clients who may wish to meet with any of the firm’s lawyers whilst...

15Aug
2013
Client Bulletins

Local Government E-Filing of Land Title Documents

When the Land Title and Survey Authority (“LTSA”) introduced the Electronic Filing System (“EFS”), local governments lost the ability to...

26Jul
2013
Blog

Young Anderson associate headed to University of Toronto

Young Anderson is delighted to announce that Michael Moll has been accepted into the LL.M program at the University of Toronto in the...

11Jul
2013
Blog

SCC Refuses Leave to Appeal in Halalt Case

The Supreme Court of Canada has dismissed Halalt First Nation’s application for leave to appeal the British Columbia Court of Appeal’s...

18Jun
2013
Blog

Supreme Court of Canada Issues Decision Regarding Mandatory Alcohol and Drug Testing

On June 14, 2013, the Supreme Court of Canada upheld a decision of a Board of Arbitration that had struck down the random alcohol testing...

11Jun
2013
Client Bulletins

Grit, Gravel and Quarrying

In Peachland (District) v. Peachland Self Storage Ltd., 2013 BCCA 273, the British Columbia Court of Appeal dealt directly with the...

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...

06May
2013
Blog

Young Anderson associate headed for Columbia University

Young Anderson is delighted to announce that Bryan Jung has been accepted into the LL.M program at Columbia University in New York in the...

11Apr
2013
Blog

Adams Lake Indian Band Denied Leave to Appeal to the Supreme Court of Canada

On April 11, 2013, the Supreme Court of Canada dismissed the application of the Adams Lake Indian Band for leave to appeal from the...

12Mar
2013
Newsletter

Newsletter Volume 24 Number 1

In this Issue: A Look Back at 2012 - Francesca MarzariCourt of Appeal Rejects Local Government Duty to Consult First Nation - Reece...

25Jan
2013
Client Bulletins

Toronto Mayor Remains in Office: Could It Happen Here?

The Ontario Divisional Court’s decision in the matter of the disqualification of Mayor Rob Ford for violating the Ontario Municipal...

16Jan
2013
Client Bulletins

Changes in Federal Marihuana Regulation

Late in 2012 the federal Minister of Health announced pending changes in federal policy regarding the production of marihuana for...

11Jan
2013
Client Bulletins

Directors of Non-profit Societies in a Conflict of Interest

The Court of Appeal delivered reasons today in Schlenker v. Torgrimson, 2013 BCCA 9, declaring that two elected officials were in a...

11Jan
2013
Client Bulletins

Transition to the B.C. Building Code 2012

The new B.C. Building Code was brought into force by B.C. Reg. 264/2012 effective December 20, 2012. There are transitional provisions...

10Dec
2012
Blog

2012 BC Building Code Takes Effect December 20th

The Province’s new Building and Plumbing Code comes into effect December 20, 2012. The new BC Building Code introduces hundreds of...

03Dec
2012
Seminar Papers

Local Government and First Nations: The Duty to Consult

In 2004, we presented a paper at this seminar entitled “The Duty to Consult First Nations: Is Local Government Next?”. At that time this...

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...

03Dec
2012
Seminar Papers

Agreements; The Top 10 List

This paper contains, with no attempt at “Lettermanesque” humour, a “top 10” list of points for consideration with respect to local...

03Dec
2012
Seminar Papers

The Land Development Process: From the Legal Perspective

There are several perspectives from which land development can be viewed. For example, the developer’s perspective will include elements...

03Dec
2012
Seminar Papers

Contaminated Sites: Liability for Remediation Know the Risks, Manage the Risks

Any local government that owns or occupies land as a landowner, tenant or occupier has exposure to liability for environmental...

03Dec
2012
Seminar Papers

Intellectual Property: the Basics

The term “intellectual property” refers to a legal property interest in “creations of the mind”: such things as ideas, music, words,...

03Dec
2012
Seminar Papers

Development Approvals Under Part 26: What's New (and What's Old)

Over the past year we have received several questions on the process around considering official community plan bylaws and zoning bylaws...

03Dec
2012
Seminar Papers

Financing Municipal Services: A Lawyer, an Engineer, and an Accountant are Driving Down the Road ...

Constructing, expanding, and upgrading municipal services and systems, and particularly capital services such as sewer, drainage, water,...

03Dec
2012
Client Bulletins

Ontario Superior Court of Justice Rules Toronto Shark Fin Ban Invalid

On November 30, 2012, the Ontario Superior Court of Justice struck down the City of Toronto’s bylaw banning the possession, sale, and...

30Nov
2012
Blog

Court Declares Toronto Shark Fin Soup Bylaw Invalid

In Reasons for Judgment released today, the Ontario Supreme Court of Justice declared the Toronto Shark Fin Soup Bylaw to be invalid as...

23Nov
2012
Blog

North Cowichan Succeeds Before British Columbia Court of Appeal

On November 22, 2012 the District of North Cowichan was cleared by the British Columbia Court of Appeal to supply groundwater to the...

23Nov
2012
Client Bulletins

Court of Appeal Confirms Adequacy of Consultation Regarding North Cowichan Water Project

Note: SCC Refuses Leave to Appeal in Halalt Case. For more details see our July 11, 2013 Blog:...

01Nov
2012
Client Bulletins

Cohen Report Cites Problems with RAR Implementation

The report of the Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River has been released. Given that the...

31Oct
2012
Client Bulletins

Property Assessment Appeal Board Finds Nominal Value in Horseshoe Bay Ferry Terminal

In this decision which is sure to cause debate within local government financial circles, the Property Assessment Appeal Board ("PAAB")...

25Oct
2012
Client Bulletins

Workplace Computers and Employee Privacy Rights

The Supreme Court of Canada recently released the decision of R. v. Cole about whether a teacher had a reasonable expectation of privacy...

02Oct
2012
Blog

New Limitation Act in force June 1, 2013

Today, the Ministry of Justice announced that the new Limitation Act will take effect on June 1, 2013. The new Act attempts to simply the...

25Sep
2012
Client Bulletins

Court of Appeal Rejects Local Government Duty to Consult First Nations

On September 24, 2012 the British Columbia Court of Appeal dismissed the appeal of the Neskonlith Indian Band. The NIB had sought to...

24Sep
2012
Blog

Local Government has no “duty to consult” First Nations

Today, our B.C. Court of Appeal ruled unanimously that a local government does not have a duty to consult First Nations as if it were the...

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...

07Sep
2012
Blog

Rocky Mountain Land Use Institute Conference

Ray Young and Alyssa Bradley will be speaking in March at the 22nd annual Rocky Mountain Land Use Institute Conference at the Sturm Law...

16Aug
2012
Blog

Local Government Duty to Consult - Case Reserved

On August 15, 2012, our British Columbia Court of Appeal reserved its decision in Neskonlith Indian Band v. City of Salmon Arm. This appeal...

16Aug
2012
Client Bulletins

BCCA Clarifies Disclosure Requirements in the Public Hearing Process

On August 14, 2012, the British Columbia Court of Appeal allowed Fisher Road Holdings Ltd.’s appeal in Fisher Road Holdings Ltd. v...

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...

09Aug
2012
Blog

Province Succeeds in Adams Lake Indian Band Appeal

The Province of British Columbia has succeeded in its appeal of the March 2011 B.C. Supreme Court decision where it was found to have not...

07Aug
2012
Blog

Neskonlith Appeal to be Heard August 14 and 15

Reece Harding and Gregg Cockrill are preparing to argue the appeal in Neskonlith Indian Band v. City of Salmon Arm on August 14 and 15 in...

27Jul
2012
Blog

Court of Appeal Clarifies: No Private Law Duty of Care Owed to Applicants in Council Meetings

On July 25, 2012, the BC Court of Appeal dismissed the appeal in P.S.D. Enterprises Ltd. v. New Westminster (City), 2012 BCCA 319....

26Jul
2012
Blog

911 Cost Recovery "Fee" is Unauthorized Tax

In judgment made on July 10, 2012, the BC Supreme Court quashed a City of Nanaimo bylaw because a "fee" under the bylaw was found to be a...

25Jul
2012
Blog

Councillor's Breach of Privacy Conviction Upheld

On July 25, 2012, the British Columbia Supreme Court upheld the conviction of Brian Skakun, a City of Prince George Councillor, for...

08May
2012
Newsletter

Newsletter Volume 23, Number 1 - LGMA Conference Issue

In this LGMA Conference issue: First Nations Consultation ≠ The Crown; Using Legal Services Effectively; Volunteer Firefighter...

04Apr
2012
Client Bulletins

Supreme Court Rejects Local Government Duty to Consult First Nations

Since the Supreme Court of Canada’s 2004 decision in Haida Nation v. British Columbia (Minister of Forests), First Nations around the...

13Mar
2012
Blog

National Conference of the Canadian Institute of Planners

Alyssa Bradley and Ray Young are teaming up with Julian Juergensmeyer, Professor of Law, Georgia State University, to present at the...

20Jan
2012
Client Bulletins

Supreme Court of Canada Upholds North Cowichan Tax Rates Bylaw

On January 20, 2012, the Supreme Court of Canada delivered unanimous Reasons for Judgment in Catalyst Paper Corp. v. North Cowichan...

18Jan
2012
Blog

Supreme Court of Canada - Catalyst Paper v. District of North Cowichan - Reasons

The Reasons for Judgment in Catalyst Paper Corporation v. Corporation of the District of North Cowichan, heard in the Supreme Court of...

21Dec
2011
Client Bulletins

Accessory Uses - Keeping Up With the Times

A standard definition of an accessory use in many zoning bylaws in British Columbia is “customarily incidental to and subordinate to” a...

13Dec
2011
Blog

LGLA's Newly Elected Seminars

Young, Anderson's lawyers participated in four of the LGLA's newly elected seminars in January and February 2012 - Kelowna, Parksville,...

02Dec
2011
Seminar Papers

Regulating Business: Where are the Boundaries?

From prohibiting the sale of dogs in pet stores, to medical marijuana “compassion clubs” and body rub parlors, local governments are...

02Dec
2011
Seminar Papers

Protection of Privacy: The Other Side of the FOI Coin

The Freedom of Information and Protection of Privacy Act came into force in 1992. The purposes of the Act are expressed in section 2 as...

02Dec
2011
Seminar Papers

Local Government Services: Striking the Accommodation Balance

Section 8 of the Human Rights Code (the “Code”) prohibits discrimination on the basis of various enumerated grounds with respect to the...

02Dec
2011
Seminar Papers

Local Government Procurement: Beyond "Contract A"

Most local government officials dealing with procurement matters have at least some familiarity with ‘Contract A’. It is also well...

02Dec
2011
Seminar Papers

Injurious Affection and Highway Projects

The Court of Appeal’s recent decision in Susan Heyes Inc. dba Hazel & Co. v. Vancouver (City) 2011 BCCA 77 may have relieved some of...

02Dec
2011
Seminar Papers

Acquiring and Disposing of Interests in Land

This paper is intended to be a summary of key legal issues concerning the purchase and sale of land by local governments. We will be...

02Dec
2011
Seminar Papers

New Challenges in Land Use Regulation

This paper discusses common challenges in land use regulation. One common challenge is federal airport zoning regulations for land in the...

31Oct
2011
Client Bulletins

Election Contact Information

We confirm that our lawyers will be available throughout election day on Saturday, November 19 to deal with your election questions.

05Oct
2011
Client Bulletins

Definition of Employee for Election Purposes

Employees of a local government who want to run for office with their local government must take a leave of absence during the nomination...

03Oct
2011
Blog

Sukh Manhas and Reece Harding off to the Supreme Court of Canada

Sukh Manhas and Reece Harding appeared in Ottawa from October 13 to 19, 2011, for their appearance before the Supreme Court of Canada in...

21Sep
2011
Newsletter

Newsletter Volume 22, Number 2 - UBCM Conference Issue

In this UBCM Conference Issue: Some Observations on the Municipal Auditor General, Provincial Consultation Requirements “Aspirational”,...

21Jul
2011
Client Bulletins

Aeronautics Act Zoning Regulations

CBC News has recently reported that an overheight building at the Crown Isle Resort development near the Comox Valley airport could limit...

05Jul
2011
Client Bulletins

Court of Appeal Scuttles Riparian Area “Variance” Procedure

The B.C. Court of Appeal has held, in a unanimous judgment in Yanke v. Salmon Arm (City), that a hardship-based “variance” process that...

23Jun
2011
Client Bulletins

Solar Hot Water Ready Regulation Rolled Out

Effective on June 21, 2011 the Solar Hot Water Ready Regulation is in force. The regulation was made under s. 692 of the Local Government...

03Jun
2011
Client Bulletins

Councillor Convicted for Disclosure of Personal Information

In a May 24, 2011 Provincial Court decision in R. v. Skakun a Prince George councillor was found guilty of breaching section 30.4 of the...

18May
2011
Blog

Bill Buholzer awarded Distinguished Partnership Award

Bill Buholzer was awarded LGMA's Distinguished Partnership Award at the recent conference in Penticton. The award recognizes Bill's work...

02May
2011
Newsletter

Newsletter Volume 22, Number 1 - LGMA Conference Issue

In this LGMA Conference Issue: How much is that doggie in the window? He’s not for sale anymore, Between a rock and a hard place: Court...

19Apr
2011
Client Bulletins

OCP and Consistency

On April 18, 2011, in Residents and Ratepayers of Central Saanich Society v. District of Central Saanich [2011 BCSC 491], the Court held...

25Mar
2011
Client Bulletins

Castlegar Successfully Defends Remedial Action

Local governments are becoming increasingly comfortable with the use of remedial action requirements to address nuisance properties in...

09Mar
2011
Client Bulletins

The Constitutional Duty to Consult First Nations

In Reasons for Judgment delivered yesterday in the case of Adams Lake Indian Band v. British Columbia, the British Columbia Supreme Court...

22Feb
2011
Client Bulletins

No Liability in Nuisance for Canada Line Construction

In a significant decision for local governments, the Court of Appeal reversed the decision of the British Columbia Supreme Court in Heyes...

08Feb
2011
Blog

Rocky Mountain Land Use Institute

Alyssa Bradley and Ray Young spoke at the Rocky Mountain Land Use Institute at the Sturm College of Law in Denver, on March 4, 2011 on...

04Feb
2011
Blog

Young, Anderson Annual Victoria Client Seminar

Young, Anderson held its annual Victoria Client Seminar on February 04, 2011 at the Westin Bear Mountain Resort.

15Dec
2010
Client Bulletins

Building Permit Applications and New DCCs

Effective January 1, 2011, the new s. 937.001 of the Local Government Act comes into force, protecting building permit applicants from...

03Dec
2010
Seminar Papers

Construction Projects: From Start to Finish

In this paper, we will provide you with techniques in managing risk in contractual relationships for construction projects. The...

03Dec
2010
Seminar Papers

Sauce for the Gander: Conflict of Interest for Elected Officials and Employees

Most local government elected officials and employees are aware that the Community Charter contains a comprehensive set of rules with...

03Dec
2010
Seminar Papers

Elections - Gearing Up for 2011

The first part of this paper reviews what we think are the top election issues, with our choices based in part on court decisions since...

03Dec
2010
Seminar Papers

Telecommunications: Towers of (Federal) Power

While some telecommunication towers, such as the CN Tower, can offer multiple uses and be heralded as a landmark, other telecommunication...

03Dec
2010
Seminar Papers

Local Governments and Carbon Offsets

"Allowance units", "compliance units", "emission reduction units", "carbon neutrality", "carbon offsets"...What are these terms and...

03Dec
2010
Seminar Papers

Avoiding Labour and Employment Litigation

Many recent cases serve as a good reminder of some general principles that employers can follow to try and avoid litigation or at least...

03Dec
2010
Seminar Papers

Legislative Powers Fettering Agreements - The New Kid on the Block

The Supreme Court of Canada's observation that municipalities cannot "sell zoning" in the absence of provincial legislation implementing...

03Dec
2010
Seminar Papers

The Growing and Selling of Medical Marijuana: A Local Government's Role

In recent years, medical marijuana dispensaries have been opening up across British Columbia. To date, there are approximately 8...

20Oct
2010
Blog

Young, Anderson Annual Client Seminar - December 3, 2010

Young, Anderson held its annual Client Seminar on December 3, 2010 at the Hotel Vancouver.

19Oct
2010
Client Bulletins

Supreme Court of Canada Finds Private Airport Zoning Regulations Inapplicable

In two cases released on October 15, 2010, Quebec v. Lacombe, 2010 SCC 38 and Quebec v. Canadian Owners and Pilots Association (COPA),...

28Sep
2010
Client Bulletins

The Latest on Procedural Fairness Requirements in Public Hearings

In Vancouver Island Community Forest Action Network v. Langford 2010 BCSC 1357 the British Columbia Supreme Court left the door ajar on...

01Sep
2010
Newsletter

Newsletter Volume 21, Number 2

In this Issue: Court OKs process for Surrey civic centre expropriation, What's the big deal about Arkinstall? (Or how to stop worrying...

09Jul
2010
Blog

Bill Buholzer elected as Fellow of the Canadian Institute of Planners

The firm is pleased to announce that Bill has been elected as a Fellow of the Canadian Institute of Planners. Election as a Fellow of...

24Jun
2010
Client Bulletins

Bill 11 Tweaks Planning Powers

On June 3, 2010 the Lieutenant-Governor gave Royal Assent to Bill 11, the Miscellaneous Statutes Amendment Act (No. 2), 2010, which...

24Jun
2010
Client Bulletins

Riparian Areas Regulations Reviewed by British Columbia Supreme Court

The reasons for judgment released this week in Yanke v. City of Salmon Arm examine the role of the Riparian Area Regulations in a very...

01Jun
2010
Client Bulletins

Telling the Whole Story

In Pucci v. City of North Vancouver (2010 BCSC 743 May 26), the Supreme Court set aside a decision to refuse a rezoning, which if adopted...

25May
2010
Client Bulletins

Court of Appeal Broadens Entry Warrant Requirement

A recent decision of the British Columbia Court of Appeal has significantly narrowed the circumstances under which local governments can...

29Apr
2010
Client Bulletins

Court of Appeal Upholds North Cowichan Tax Rates Bylaw

On April 22, 2010, the British Columbia Court of Appeal delivered Reasons for Judgment in Catalyst Paper Corporation v. North Cowichan...

01Mar
2010
Newsletter

Newsletter Volume 21 Number 1

In this Issue: "Curious" tender clause unenforceable, Tax bylaws not land use planning tools, Catalyst update: Vancouver Island tax...

27Feb
2010
Blog

OCA ruling on municipal representative participation on regional government boards

The Ontario Court of Appeal has recently held that municipal representatives sitting on regional government boards or county boards may...

09Dec
2009
Client Bulletins

Victoria v. Adams

The Court of Appeal has upheld the decision of the BC Supreme Court that Bylaws enacted by the City of Victoria to prevent the erection...

01Dec
2009
Newsletter

Newsletter Volume 20 Number 4

In this Issue: City breaches land use contract, Post-hearing information sinks bylaw, Hornby Island claims rejected, Burnaby licence...

27Nov
2009
Seminar Papers

Reducing Liability in Tendering: An Update

The firm’s 2001 seminar included a presentation entitled "Reducing Liability in Tendering". The paper upon which that presentation was...

27Nov
2009
Seminar Papers

Recent Decisions of Courts

Virdis v. North Vancouver (City) 2009 BCSC 1118 This challenge to an OCP amending bylaw dealt with whether the rather distinctive...

27Nov
2009
Seminar Papers

Public Hearings

We are all very familiar with the requirement of section 890 of the Local Government Act that local governments hold a public hearing...

27Nov
2009
Seminar Papers

Nuisance, Negligence and the Canada Line

Local governments make decisions every day that have a direct effect on the profitability of people’s lands. Fundamentally, local...

27Nov
2009
Seminar Papers

New Technology and Social Media in the Workplace

Employee use of the internet and email, both at work and at home, raises unique challenges for employers given the proliferation of the...

27Nov
2009
Seminar Papers

Is your security worth the paper its written on

Questions frequently arise regarding forms of security that are available for consideration by local governments. This paper will analyze...

27Nov
2009
Seminar Papers

How to achieve a successful remedial action

Council has the power under Part 3, Division 12 of the Community Charter to impose a remedial action requirement on a person. The...

27Nov
2009
Seminar Papers

Elected Officials - Game Misconduct

In the last year or two, there have been a number of interesting court decisions involving the behaviour of elected officials and their...

27Nov
2009
Seminar Papers

The Basics of Expropriation

How does a local government take land without the consent of the owner of the land? This paper outlines, in very general terms, the...

27Nov
2009
Seminar Papers

Appointment and Powers of Bylaw Enforcement Officers

On more than one occasion we’ve been asked about the validity of a specific individual’s appointment as a bylaw enforcement officer. The...

19Oct
2009
Client Bulletins

North Cowichan Wins Battle Over Catalyst Tax Bill

Municipalities can breathe a sigh of relief with the release on Friday, October 16, 2009 of the Supreme Court of British Columbia's...

01Sep
2009
Newsletter

Newsletter Volume 20 Number 3

In this issue: Councillor charged with privacy offence, Candidate fraud invalidates election, OCP consistency rule hardened?, Human...

01Jun
2009
Newsletter

Newsletter Volume 20 Number 2

In this Issue: Provincial consultation with local governments - a matter of principle? Consultation failure invalidates Island bylaws,...

04Apr
2009
Client Bulletins

Client Bulletin - Number 40

On April 9, 2009, the B.C. Supreme Court released its decision in Barnet v. Cariboo Regional District (2009 BCSC 471), striking down the...

01Mar
2009
Newsletter

Newsletter Volume 20 Number 1

In this issue: No Charter protection for sidewalk encroachments, Municipal access agreements: CRTC allows road degradation fees,...

01Dec
2008
Newsletter

Newsletter Volume 19 Number 4

In this Issue: Development permits - possibilities and limitations, Court upholds Metro Vancouver air quality controls, Mobile home park...

28Nov
2008
Seminar Papers

Smut, Smoking and Skinny Dipping: Avoiding "Criminal" Bylaws

Certain matters, such as pornography, nudity and drugs, have inspired municipalities to adopt bylaws that resemble criminal law. Such...

01Nov
2008
Seminar Papers

Strata Development 101

Why Should I Learn About Strata Property? Not only is it quite possible that you will own strata property at some point in time, but as a...

01Nov
2008
Seminar Papers

Regulations of Highways and Parks

Municipalities have the unique position of being custodians of important community property resources: the network of highways, parks,...

01Nov
2008
Seminar Papers

Recent Decisions of the Courts

Martin v. Vancouver (City) 2008 BCCA 197 This was the first judicial decision to consider the power of a BC municipal council to...

01Nov
2008
Seminar Papers

Everything You Ever Wanted to Know About Navigable Waters, But Were Too Afraid To Ask

Reference to the federal head of power over "shipping and navigation" is enough to put a chill through otherwise intrepid local...

01Nov
2008
Seminar Papers

Investigating and Enforcing Bylaws

The ability to investigate bylaw infractions and to enforce bylaws are both central to a local government's authority. This paper will...

01Nov
2008
Seminar Papers

Good News For Employers

Based on a review of the cases we have discussed over the past few years, local government employers may recall receiving various...

01Nov
2008
Seminar Papers

Going Green, The New B.C. Legislation

It is difficult to decide which aspect of the "climate change" problem, whose existence is being denied by an ever-diminishing number of...

01Nov
2008
Seminar Papers

Assistance

Local governments are subject to various rules and restrictions regarding their ability to provide financial assistance to other persons,...

30Oct
2008
Client Bulletins

Client Bulletin - Number 39

The majority of our clients may have greeted the decision in Victoria (City) v. Adams, 2008 BCSC 1363 with a mixture of dismay and...

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