TOLGMA September 14 – 16

Michael Hargraves will be presenting a legal update at this year’s TOLGMA conference, being held at Silver Star Resort in Vernon from September 14-16. Michael’s presentation will be on Friday, September 16, and he hopes to see you there.

Court Orders End to Homeless Encampment

On July 5, 2016, the Honourable Chief Justice Hinkson released his decision in British Columbia v. Adamson, 2016 BCSC 1245, following a renewed application by the Province for an interim injunction to end the “Tent City” encampment beside the Victoria Courthouse.

Chief Justice Hinkson found in favour of the Province, ordering the dismantling of the encampment to coincide with the availability of additional shelter options for the campers. (more…)

Selecting the location of cell antenna a “core” federal power – Rogers Communications Inc. v Châteauguay (City), 2016 SCC 23

The Supreme Court of Canada’s most recent decision on the division of federal and provincial powers helps clarify the extent to which local governments can control the locations of cell phone antennas and other radiocommunication infrastructure within their borders.

In Rogers Communications Inc. v Châteauguay (City), 2016 SCC 23 (“Rogers”), the Court found that, because The Constitution Act, 1867 gives the federal government exclusive control over radiocommunications, municipalities cannot exercise their powers in such a way as to prevent telecommunications companies from installing radiocommunications antenna. (more…)

Court Clarifies Authority to Require Geotechnical Reports for Hazardous Lands

Section 56 of the Community Charter, which applies not only to municipalities, but also to regional districts by virtue of section 302 of the Local Government Act, has been given some helpful interpretation by a recent decision of the Supreme Court of British Columbia. In Compagna v. Nanaimo (City), 2016 BCSC 1045, the court concluded that while the language of section 56 is broad enough to permit a building inspector to consider, and potentially rely upon a geotechnical report previously prepared for another purpose, such as an application for subdivision, it does not require the building inspector to do so. (more…)

LGMA 2016 Presentations You Do Not Want to Miss – Thursday, June 23

The Local Government Management Association annual conference is scheduled for June 21 – 23 in Nanaimo.  On Thursday, June 23, Michael Hargraves and Ryan Bortolin will be presenting “Heating Up: The Legal Implications of Climate Change” at 8:00 a.m. and at 10:45 a.m. that day Colin Stewart and Madelaine Campbell will be presenting “Legal Update 2016:  Pot Shops and Tent Towns”.

We look forward to seeing you at the conference!

New Regulations Give Some Relief Against Schlenker v Torgrimson

Conflict of Interest Exceptions Regulation, B.C. Reg 91/2016 and Conflict of Interest Exceptions Regulation (City of Vancouver) B.C. Reg 93/2016 (the “Conflict of Interest Exceptions Regs”) have been enacted to provide local government elected officials with some relief against the outcome of the decision in the Court of Appeal in Schlenker v Torgrimson, 2013 BCCA 395. (more…)

Upper Island Safety Conference – May 31, 2016

Susan Beach will be presenting on the topic of legal issues in managing workplace performance at the Upper Island Safety Conference on May 31, 2016

Kristen Morley Moves on to New Challenge

Kristen Morley, an associate with our litigation group, is moving on to a new position. She has taken on a management role at the Capital Regional District. We are sorry to see her go, but wish her the best of luck in her new adventure.

Upcoming Planning Law Presentation

On May 12, 2016 Colin Stewart will be presenting in Vancouver on the Anatomy of a Subdivision Servicing Bylaw for Continuing Legal Education.

Presentation at the Community Care Licensing Officers of BC Annual Conference

Kathryn Stuart will be presenting at the Community Care Licensing Officers of BC annual conference in Vancouver on April 15, 2016, on the topic of Administrative Law in the Community Care Licensing context.