2024
Caselaw Update
This paper examines seven court decisions over the past year that would be of particular interest to local governments: (i) the Court of Appeal’s interpretation of the provision relating to lawful non-conforming use; (ii) an appeal relating to a judicial review of bylaw amendments restricting rent increases; (iii) the B.C. Supreme Court’s judicial review relating to a fire order in the face of arguments relating to the Canadian Charter of Rights and Freedoms; (iv) a B.C. Supreme Court decision involving a property owner seeking to set aside a development permit after claiming a lack of notice and consultation; (v) a B.C. Supreme Court decision involving the question of whether the duty of procedural fairness applied to latecomer charges; (vi) a Court of Appeal decision confirming that a tree bylaw is inapplicable to allow agricultural use permitted by a zoning bylaw; and (vii) a Court of Appeal case confirming that adjudicators do not have discretion to cancel a bylaw notice where a bylaw contravention was found.
Download powerpoint: Caselaw Update