In 2018, the City of Victoria successfully defended a petition brought by the Canadian Plastic Bag Association to quash the City of Victoria’s Checkout Bag Regulation Bylaw which prohibited businesses from providing customers with single-use plastic checkout bags. The Supreme Court determined that the Bylaw was a regulation of business and even though it may have incidental effects on the protection of the environment, that did not affect the validity of the Bylaw.
Kathryn Stuart will be attending the LGMA Corporate Officers Forum in Prince George. On October 3rd, she will be presenting a session on “The Collection and Protection of Personal Information – FIPPA Best Practices”.
Kathryn Stuart, Peter Johnson and Ryan Bortolin will be attending the LGMA Conference in Vancouver. On June 13, Peter Johnson and Ryan Bortolin will be presenting a session on “Local Government Tools To Address Affordability”. As well, Kathryn Stuart and Ryan Bortolin will be presenting the “2019 Legal Update”. We look forward to celebrating LGMA’s 100 years!
Jeff Locke and Josh Krusell will the attending the Municipal Insurance Association of B.C.’s annual Risk Management Conference, which is being held in Vancouver from April 16 – 18. Jeff will be presenting a pre-conference workshop entitled “Risk Management for Front Line Staff” on April 16. Jeff will also be participating as a panel member in the “Building and Planning Thinktank Session” on April 18.
Peter Johnson and Ryan Bortolin will be attending this years North Central Local Government Management Association Conference in Prince George, from April 10 to 12. Peter and Ryan will be presenting a workshop on contract law and procurement on April 10, and will be presenting a “Legal Update” on April 11. We look forward to our participation in the conference.
Local Government Officials and the Duty of Care: The BC Court of Appeal Reverses the BC Supreme Court Decision in Wu v. Vancouver (City)
By its January 21, 2019 decision in Wu. V. Vancouver (City), 2019 BCCA 23, the BC Court of Appeal has overturned the 2017 decision of the BC Supreme Court in the case of Wu v. Vancouver (City), 2017 BCSC 2072 and has made important findings as it relates to the limits of legal duties owed by public bodies such as local governments, and the liability to which they may be exposed. (more…)
Stewart McDannold Stuart will be participating in the upcoming 2019 Local Government Leadership Academy’s Elected Officials Seminars. On January 16 and 17, Peter Johnson will be presenting a session on “Current Legal Issues” at the seminar for LGLA members, in Richmond. On February 13 and 14, Kathryn Stuart and Ryan Bortolin will be presenting sessions on “Current Legal Issues” (Kathryn) and “Local Government Law 101” (Ryan) at the seminar for AVICC members, in Parksville.
In two recent decisions, Saanich (District) v Brett, 2018 BCSC 1648 (“Saanich”) and Nanaimo (City) v Courtoreille, 2018 BCSC 1629 (“Nanaimo”), the BC Supreme Court considered local government applications to the Court for pre-trial injunctions to terminate unauthorized homeless encampments. Generally, these cases represent examples of the Court undertaking a balancing of the homeless population’s need for shelter and against the nature of these encampments within the context of the duties and authority of public authorities to reasonably manage lands falling within their jurisdiction. (more…)
From all of the lawyers and support staff at Stewart McDannold Stuart, we wish you all the best for the holiday season and a happy and prosperous New Year.
In lieu of sending greeting cards this year, we have made a donation to the BC SPCA Wild Animal Rehabilitation Centre (Wild ARC).
The Village of Chase recently defeated a challenge to the validity of its Property Maintenance Bylaw by local business owners in Chase Discount Auto Sales Ltd. v Waugh, 2018 BCSC 2014. Mr. Justice Grauer of the B.C. Supreme Court dismissed the judicial review petition of the business owners and helpfully summarized the relationship between the bylaw powers and remedial action requirement authority of local governments provided by the Community Charter, SBC 2003, c. 26. (more…)