Local Government Zoning Powers Eroded By Riparian Rights

Local governments that have zoning regulations in effect over properties adjoining a body of water need to be aware of the British Columbia Supreme Court’s October 1, 2018 decision in Fonseca v Gabriola Island Trust Committee, 2018 BCSC 1684.

At issue in the case was a zoning bylaw of the Local Trust Committee that required that all buildings and structures be sited a minimum of 30 metres from the natural boundary of the sea or other body of water. (more…)

Election Day Hotline

Stewart McDannold Stuart’s Election Day Hotline will be available on Saturday, October 20.

Our lawyers will be available by telephone from 8am to 8pm to assist our clients’ Chief Election Officers and their staff.

Anchors Aweigh: Local Government’s Jurisdiction over Permanent Moorage of Vessels

In The Corporation of the City of Victoria v. Zimmerman, 2018 BCSC 321, the City of Victoria obtained a statutory injunction to restrain the permanent moorage of boats in the Gorge Waterway, on the grounds that permanent moorage of boats contravened the City’s zoning bylaw.

The respondents challenged the validity of the zoning bylaw, arguing that restricting moorage encroached upon the federal jurisdiction over navigation and shipping under the Constitution Act. In other words, they argued that the City’s zoning bylaw was venturing in unnavigable waters, jurisdictionally.

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MIABC Webinar – Wu v. Vancouver (City)

The Municipal Insurance Association of British Columbia is providing members of BC local governments with access to a free 45 minute webinar on the recent BC Supreme Court decision in Wu v. Vancouver (City), on February 20 at 10:00 am. Jeff Locke and Peter Johnson will be sharing their insights about this case, its implications for local governments, and risk management tips that local government planning and building officials should consider. More information about this webinar is available on MIABC’s website: http://www.miabc.org/Member-Services/Webinars/2018/02/20/default-calendar/duty-of-care-for-process-development-applications

CAO Forum February 20-22

Colin Stewart and Kathryn Stuart are pleased to have been invited to participate as part of the Knowledge Cafe at the CAO Forum being held in Victoria on February 20-22, 2018.

Seasons Greetings from Stewart McDannold Stuart

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 support of Victoria’s Sandy Merriman House, which has been providing shelter and support for women in need since 1995.

Local Governments May Owe a Duty of Care to Process Development Applications in a Timely Way

In Wu v. Vancouver (City) 2017 BCSC 2072, Madam Justice Murray of the BC Supreme Court held that the City of Vancouver owed a duty of care to the plaintiffs, the purchasers of a home in the Shaughnessy area, who had applied for a development permit for the demolition of an existing house and construction of a new house. According to the decision, the City owed the plaintiffs a duty to make a final decision on their permit application, in accordance with the applicable statutory framework, within a reasonable time. Madam Justice Murray concluded that the City was negligent in this case since it acted in bad faith and failed to conduct itself in accordance with the standard of a reasonably competent municipality when dealing with the plaintiffs’ application. (more…)

Capilano University Course

Kathryn Stuart will be teaching a session on administrative law on November 17, as part of Capilano University’s Local Government Law Course.

Upcoming CLEBC Course on Planning and Development Law

The Continuing Legal Education Society of BC is presenting a one day course on planning and development law on November 23, at the Pan Pacific Hotel in Vancouver. Peter Johnson will be participating, and will present a session on Practice Management and Ethics Issues in the Planning and Development Process.

New Articled Student

We are pleased to announce that Andie Britton-Foster, a graduate of the University of Victoria Law School, has joined us for her year of articles.